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By ALM Staff | Law Journal Newsletters |
December 21, 2011

Supreme Court to Determine Interpretation of Use Code Counterclaims

On Dec. 5, 2011, the Supreme Court heard oral arguments in Caraco Pharmaceutical Labs. v. Novo Nordisk A/S, No. 10-844. The Federal Circuit previously held that Caraco's counterclaim under 21 U.S.C. ' 355(j)(5)(C)(ii) that requested an order requiring Novo to change the allegedly overbroad use code for the patent-in-suit was improper. Novo Nordisk A/S v. Caraco Pharmaceutical Laboratories, Ltd., No. 2010-1001 (Fed. Cir. 2010). The Federal Circuit held that because the use code contains “an approved method of using the drug” covered by the patent-in-suit, the counterclaim seeking a change of the use code was improper.

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