Caraco Pharm. Labs., Ltd. v. Novo Nordisk A/S
- Case Date:
- Project Name: Civil Justice Reform
On April 17, 2012, the U.S. Supreme Court ruled that generic drug companies are authorized to sue brand-name companies based on claims that the latter, when listing their drug patents with FDA, have described the patents too broadly. The decision was a setback for WLF, which filed a brief in support of the position of brand-name companies. WLF argued that federal law does not authorize generic companies to file such suits and that authorizing such suits would further undermine the value of patent rights. WLF expressed concern that although expanding the circumstances under which generic manufacturers are permitted to file legal challenges to the exclusive marketing rights of brand-name manufacturers may lead to a slight decrease in drug prices, it will undermine the long-term interests of the American health care system by decreasing the value of drug patents and thereby decreasing the research and development expenditures vital to the development of new, life-saving medical products.
More Information and Downloads:
10/24/2011: Download the Brief
Litigation Update: Supreme Court Permits Generics to Sue to "Correct" Patent Listings