Practice Tips for Patentees Asserting Method-of-Treatment Claims Involving Divided Infringement

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Do physicians ‘‘condition participation’’ of drug therapy based on patients’ compliance with drug manufacturer instructions regarding how to take drugs? Do physicians withhold medically necessary drug therapy from patients when patients fail or refuse to take a drug in accordance with the instructions in the label?

Originally published in Bloomberg BNA’s Patent, Trademark & Copyright Journal® - March 31, 2017.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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