Patent Use Codes In The Wake Of Caraco V. Novo Nordisk

Law360, New York (May 17, 2012, 1:15 PM EDT) -- The U.S. Supreme Court, in a unanimous decision in Caraco Pharmaceutical Laboratories Ltd. v. Novo Nordisk A/S, No. 10-844 (U.S. April 17, 2012), held that generic drug companies may counterclaim to challenge “use code” listings asserted against them by branded drug manufacturers. The court reversed the Federal Circuit’s ruling that generic drug companies had no litigation-based means to challenge incorrect or overbroad use code listings.

Case Background

Novo markets and distributes the drug repaglinide under the brand name Prandin. Repaglinide has been approved by the U.S....
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