Editor's Note :

Editor's Note :

We expect orders from the April 21 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, April 25.
On Monday the court hears oral argument in McWilliams v. Dunn. Amy Howe has our preview.
On Monday the court also hears oral argument in Davila v. Davis. Steve Vladeck has our preview.

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

Docket No. Op. Below Argument Opinion Vote Author Term
10-844 Fed. Cir. Dec 5, 2011
Tr.Aud.
Apr 17, 2012 9-0 Kagan OT 2011

Holding: A generic drug 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.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kagan on April 17, 2012. Justice Sotomayor filed a concurring opinion.

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Briefs and Documents

Merits Briefs for Petitioners

Amicus Briefs Supporting Petitioners

Merits Briefs for the Respondents

Amicus Briefs Supporting the Respondents

Certiorari-stage documents

 
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