High Court OKs Patent Use Challenges By Generic Drug Cos.

Law360, New York (April 17, 2012, 1:06 PM EDT) -- The U.S. Supreme Court ruled Tuesday that a generic-drug maker can countersue to force a pharmaceutical patent-holder to correct a use code overstating a patent's scope, nixing an earlier decision in Caraco Pharmaceutical Laboratories Inc.'s fight with Novo Nordisk A/S that critics worried would thwart generic competition.

The justices unanimously rejected the Federal Circuit's narrower reading of a provision of the Hatch-Waxman Act that set up a counterclaim allowing generics makers to challenge the patent information that brand drugmakers provide the U.S. Food and Drug Administration....
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