1. “Can a patentee state a claim that a defendant ‘actively induces infringement’ of a patented method under 35 U.S.C. § 271(b) without identifying any alleged statement by the defendant that even mentions, let alone encourages, practicing the claimed method?”
2. “Where it is undisputed that a generic drugmaker has ‘carved out’ a patented method of use from its labeling under 21 U.S.C. § 355(j)(2)(A)(viii), does the generic drugmaker induce infringement of the patented method by (a) referring to its product as a ‘generic version’ of a branded drug approved for the patented method; and (b) quoting sales figures for the branded product—without mentioning the patented method?”
