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In Bayer, the ANDA specification required product criteria that did not infringe the patent, and although a sample of the physical product submitted to the FDA was alleged to infringe, the court held that there was no infringement because the ANDA precluded the generic company from legally selling a product with infringing properties.
Operators are not required to monitor their sites for infringements, even if those infringements are rampant, and operators must only respond to specifically identified files that are infringing.
If firms that produce peer-to-peer technology know that they are completely immune from liability as long as their technology makes possible some qualifying amount of noninfringing use, they will have no incentive to attempt to discourage infringing uses even if the costs of doing so are very low," the economists wrote.
A third party claiming infringement may request the TSP to remove the allegedly infringing or defamatory content from the TSP's network.
Prohibiting sellers from offering infringing software.