With respect to the warnings, Aventis submits that the desirability of such warnings was referred to by Rothstein J.A. in Genpharm Inc v. Minister of Health et al., [2003] 1 F.C. 402, 2002 FCA 290 at para 34 and Layden-Stevenson J. in AB Hassle v. Genpharm Inc. (2003), 243 F.T.R. 6, 2003 FC 1443 at para 156. While these cases indeed made reference to a lack of warning, they were not decided on this point. Such a warning might be useful factor helping to negate any idea of intention by the alleged infringer. However the absence of a warning cannot not be used by itself to infer an intention to infringe through inducement, procurement, marketing or some other nexus.
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