United States Supreme Court
Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A S, 10-844
In patent infringement litigation between a brand-name pharmaceutical manufacturer and a generic manufacturer, the Federal Circuit's holding denying a statutory counterclaim is reversed, as a generic manufacturer may employ the counterclaim provision of 21 USC section 355(j)(5)(C)(ii)(I) to force correction of a use code that inaccurately describes the brand's patent as covering a particular method of using a drug, even if the patent covers other approved methods.
Appellate Information
- Decided 04/17/2012
- Published 04/17/2012
Judges
- Kagan
Court
- United States Supreme Court