Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

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
Tr.Aud.
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.

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

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Briefs and Documents

Merits Briefs for Petitioners

Amicus Briefs Supporting Petitioners

Merits Briefs for the Respondents

Amicus Briefs Supporting the Respondents

Certiorari-stage documents

 
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