579. Threats not actionable where alleged infringement consists of making or importing a product or using a process.

A threat of infringement proceedings is not actionable1 if the infringement is alleged to consist of:

  1.  

    (1)     where the invention is a product, making a product for disposal or importing a product for disposal2; or

  2.  

    (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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