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Expert Analysis

Caraco V. Novo Nordisk — A Divided Supreme Court

Law360, New York (December 7, 2011, 1:35 PM EST) -- On Dec. 5, 2011, the U.S. Supreme Court held oral argument in the first patent-related case of the 2011-12 term — Caraco Pharmaceuticals Laboratories Ltd. v. Novo Nordisk A/S, Case No. 10-844. Although some commentators predicted an easy win for Caraco, the oral argument painted a picture of a court genuinely split over when a generic drug maker can file a counterclaim under Section 355 of the Hatch-Waxman Act to force the U.S. Food and Drug Administration or a new drug application (NDA) holder to correct the accuracy of patent use codes listed by the FDA in the Orange Book....

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