Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.

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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