Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S

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Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S
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Decided April 17, 2012
Full case nameCaraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S
Citations566 U.S. 399 ( more )
Holding
A generic 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.
Court membership
Chief Justice
John Roberts
Associate Justices
Antonin Scalia  · Anthony Kennedy
Clarence Thomas  · Ruth Bader Ginsburg
Stephen Breyer  · Samuel Alito
Sonia Sotomayor  · Elena Kagan
Case opinions
MajorityKagan, joined by unanimous
ConcurrenceSotomayor
Laws applied
Drug Price Competition and Patent Term Restoration Act of 1984

Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, 566 U.S. 399(2012), was a United States Supreme Court case in which the court held that a generic manufacturer may employ the counterclaim provision of the Drug Price Competition and Patent Term Restoration Act of 1984 to force correction of a use code that inaccurately describes the brand's patent as covering a particular method of using a drug. [1] [2]

References

  1. Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, 566 U.S. 399 (2012).
  2. Mann, Ronald (April 18, 2012). "Opinion analysis: Courts purposive reading hands Federal Circuit second patent reversal of the Term". SCOTUSblog. Retrieved October 12, 2025.

This article incorporates written opinion of a United States federal court. As a work of the U.S. federal government, the text is in the public domain .