Hatch-Waxman Provision Splits High Court In Generics Row

Law360, New York (December 5, 2011, 7:50 PM EST) -- The justices of the U.S. Supreme Court appeared to be divided Monday on the proper interpretation of a Hatch-Waxman Act provision in Caraco Pharmaceutical Laboratories Inc.'s ongoing fight to introduce a rival generic version of a Novo Nordisk A/S diabetes drug.

Several of the high court's liberal justices seemed to side with generic-drug maker Caraco on Monday in the company's battle against a recent Federal Circuit ruling limiting the power of generics makers to use a counterclaim provision added to the Hatch-Waxman Act in 2003 to challenge descriptions...
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