Caraco V. Novo Nordisk: Antitrust Implications

All Content © 2003-2012, Portfolio Media, Inc.  

Law360, New York (May 30, 2012, 1:03 PM ET) -- The United States Supreme Court recently took up the issue of overbroad patent leverage in Caraco v. Novo Nordisk. The case addressed the specific context of the U.S. Food and Drug Administration’s Orange Book and its "use codes," primarily focusing on statutory construction and semantics, as explained below. [1] Perhaps more interesting to practitioners who spend their time at the intersection of antitrust and intellectual property, however, is that the Supreme Court’s decision upheld a generic’s right to challenge a name-brand manufacturer’s overbroad designation of the scope of its patent coverage, delaying the entrance of generic competitors.

[1] See Caraco Pharmaceutical Laboratories Ltd. v. Novo Nordisk A/S, No. 10-844, 566 U.S. __ (2012).

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Caraco V. Novo Nordisk: Antitrust Implications

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