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September 22, 2020New York Law Journal Recognizes Hollis Salzman as a Trailblazer
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October 1-2, 2020Minnesota CLE 2020 Midwest IP Institute
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Summer 2020Following a Varied Legal Career, Judge Jonathan Kobes Begins on the Eighth Circuit
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September 22, 2020Herbal Patent Protection
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August 24, 2020Hot off the Presses: California Further Regulates Out-of-State Adjusters in the Wake of Record-Breaking Catastrophic Losses
IP: Generic Manufacturers Win In The Supreme Court
The Supreme Court overruled the Federal Circuit, ruling that generic manufacturers can use counterclaims to force corrections of patent use codes.
July 17, 2012
This spring the Supreme Court seems to have made it easier for generic drug manufacturers to contest the reach of patent protection for brand name drugs. In Caraco Pharmaceutical Labs, Ltd. v. Novo Nordisk, the Supreme Court ruled that a congressionally-created counterclaim allows generic manufacturers to challenge the exact uses a drug patent covers. Generic manufacturers can use the counterclaim in cases where a patent holder asserts infringement in response to an application to manufacture a generic version of a brand-name drug (i.e., Abbreviated New Drug Application or ANDA).
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