Decided
Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S
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 Elena Kagan on Apr 17, 2012. Justice Sotomayor filed a concurring opinion.
Merits Briefs for Petitioners
- Brief for Caraco Pharmaceutical Laboratories et al.
- Reply brief for Caraco Pharmaceutical Laboratories et al.
Amicus Briefs Supporting Petitioners
- Brief for the Generic Pharmaceutical Association
- Brief for Rep. Henry A. Waxman
- Brief for the United States of America
- Brief for Mylan Pharmaceuticals Inc.,
- Brief for AARP and U.S. PIRG”
Merits Briefs for the Respondents
Amicus Briefs Supporting the Respondents
- Brief for Allergan, Inc. et al.
- Brief for the Pharmaceutical Research and Manufacturers of America
- Brief for the Washington Legal Foundation
[##CERT-STAGE##]
Related Coverage
Oct 15, 2010Application (10A380) to extend the time to file a petition for a writ of certiorari from October 27, 2010 to December 26, 2010, submitted to The Chief Justice.
Oct 18, 2010Application (10A380) granted by The Chief Justice extending the time to file until December 23, 2010.
Dec 23, 2010Petition for a writ of certiorari filed. (Response due January 27, 2011)
Jan 10, 2011Order extending time to file response to petition to and including February 25, 2011.
Jan 27, 2011Brief amicus curiae of Teva Pharmaceuticals USA, Inc. filed.
Jan 27, 2011Brief amicus curiae of Generic Pharmaceutical Association filed.
Jan 27, 2011Brief amici curiae of Consumer Federation of America and U.S. PIRG filed.
Jan 27, 2011Brief amicus curiae of Mylan Pharmaceuticals, Inc. filed.
Jan 27, 2011Brief amicus curiae of Apotex, Inc. filed.
Feb 25, 2011Brief of respondents Novo Nordisk A/S, and Novo Nordisk Inc. in opposition filed.
Mar 7, 2011Reply of petitioners Caraco Pharmaceutical Laboratories, Ltd., et al. filed.
Mar 9, 2011DISTRIBUTED for Conference of March 25, 2011.
Mar 28, 2011The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 26, 2011Brief amicus curiae of United States filed.
Jun 3, 2011Supplemental brief of respondents Novo Nordisk A/S, and Novo Nordisk Inc. filed.
Jun 7, 2011DISTRIBUTED for Conference of June 23, 2011.
Jun 7, 2011Supplemental brief of petitioners Caraco Pharmaceutical Laboratories, Ltd., et al. filed. (Distributed)
Jun 27, 2011Petition GRANTED.
Jul 13, 2011The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 29, 2011.
Jul 13, 2011The time to file respondents' brief on the merits is extended to and including October 17, 2011.
Aug 16, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Aug 29, 2011Joint appendix filed (two volumes). (Statement of costs filed)
Aug 29, 2011Brief of petitioners Caraco Pharmaceutical Laboratories, Ltd., et al. filed.
Sep 6, 2011Brief amicus curiae of United States filed.
Sep 6, 2011Brief amicus curiae of Generic Pharmaceutical Association filed.
Sep 6, 2011Brief amicus curiae of Rep. Henry A. Waxman filed.
Sep 6, 2011Brief amici curiae of AARP and U.S. PIRG filed.
Sep 6, 2011Brief amicus curiae of Mylan Pharmaceuticals, Inc. filed.
Sep 12, 2011SET FOR ARGUMENT ON Monday, December 5, 2011.
Sep 19, 2011CIRCULATED
Sep 26, 2011Record received from U.S.C.A. for Federal Circuit. (1 box)
Sep 27, 2011Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 17, 2011Brief of respondents Novo Nordisk A/S, and Novo Nordisk Inc. filed. (Distributed)
Oct 24, 2011Brief amici curiae of Allergan, Inc., et al. filed. (Distributed)
Oct 24, 2011Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed)
Oct 24, 2011Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Nov 7, 2011Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 16, 2011Reply of petitioners Caraco Pharmaceutical Laboratories, Ltd., et al. filed. (Distributed)
Dec 5, 2011Argued. For petitioners: James F. Hurst, Chicago, Ill.; and Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Mark A. Perry, Washington, D. C.
Dec 13, 2011Record from U.S.D.C. for Eastern District of Michigan is electronic.
Apr 17, 2012Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.
May 21, 2012JUDGMENT ISSUED.
May 31, 2012Record returned to U.S.C.A. for Fedral Circuit.
Recommended Citation: Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, SCOTUSblog, https://www.scotusblog.com/cases/caraco-pharmaceutical-laboratories-ltd-v-novo-nordisk-as/