Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S

Docket No. Op. Below Argument Opinion Vote Author Term
10-844 Fed. Cir. Dec 5, 2011
Apr 17, 2012 9-0 Kagan OT 2011

Holding: 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.

Plain English Summary:

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kagan on April 17, 2012. Justice Sotomayor filed a concurring opinion.

SCOTUSblog Coverage

CVSG Information

Invited: March 28, 2011

Filed: May 26, 2011 (Grant)

Briefs and Documents

Merits Briefs for Petitioners Amicus Briefs Supporting Petitioners Merits Briefs for the Respondents Amicus Briefs Supporting the Respondents

Certiorari-stage documents

Term Snapshot