What is the case law on the desirability of warning notices in medical malpractice cases?

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.