Brinks Hofer Gilson & Lione: Supreme Court Issues Key Ruling Regarding Pharmaceutical Litigation

On April 17, 2012, the Supreme Court issued a unanimous decision favorable to generic pharmaceutical companies in Caraco Pharmaceuticals, Ltd. v. Novo Nordisk , No. 10-844 [ enhanced version available to lexis.com subscribers ]. The Court held that a generic pharmaceutical company may pursue a counterclaim...

Duane Morris LLP: Federal Circuit Addresses Infringement of Method-of-Use Patents by Generics in Yasmin® Case

The U.S. Court of Appeals for the Federal Circuit on April 16, 2012, in Bayer Schering Pharma AG v. Sandoz, Inc. , Nos. 2011-1143, -1228 (YASMIN®), affirmed a district court's holding that as a matter of law, generic drug makers could not infringe patent claims reciting a method of use of an...

Duane Morris LLP: U.S. Supreme Court Restores Generic Pharma's Ability to Challenge Orange Book Use Code Information

The U.S. Supreme Court's unanimous ruling on April 17, 2012, in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S was a resounding win for both Caraco and the generic pharmaceutical industry as a whole. Specifically, the Court held that a generic manufacturer may employ the counterclaim...