A threat of infringement proceedings is not actionable1 if the infringement is alleged to consist of:
(1) where the invention is a product, making a product for disposal or importing a product for disposal2; or
(2) where the invention is a process, using a process3.
A threat of infringement proceedings is also not actionable if the infringement is alleged to consist of an act which, if done, would constitute an infringement of such a kind
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