Details on today’s opinions
on Apr 17, 2012 at 10:37 am
The Court issued opinions in two cases this morning.
Justice Kagan announced the first opinion for a unanimous Court in Caraco v. Novo Nordisk. The Court reversed the decision of the Federal Circuit and remanded the case for further proceedings, holding that a generic drug manufacturer may employ the counterclaim provision of the Hatch-Waxman Act to force correction of a use code that inaccurately describes the brand’s patent as covering a particular method of using a drug. Justice Sotomayor filed a concurring opinion.
The Chief Justice announced the second opinion of the day, Filarsky v. Delia, in which the Court was also unanimous. The Court reversed the decision of the Ninth Circuit, holding that a private individual temporarily retained by the government to carry out its work is entitled to seek qualified immunity from suit under 42 U. S. C. § 1983. Justices Ginsburg and Sotomayor each filed concurring opinions.
