Caraco v. Novo Nordisk: Breathing life into the MMA’s counterclaim provision

Abstract

In Caraco Pharmaceutical Laboratories Ltd. et al. v. Novo Nordisk A/S et al. (U.S. 2012), the U.S. Supreme Court addressed the scope of the counterclaim provision in the Hatch-Waxman Act. The Supreme Court reversed the decision of the U.S. Court of Appeals for the Federal Circuit and remanded the case for further proceedings. This case report presents the arguments made to the Supreme Court by the parties and various amici and how the Supreme Court addressed the issues raised by the parties.