CAFC vacates its April 2010 opinion in Caraco case

In Caraco, the US Supreme Court reversed the CAFC, and noted “text and context of the [counterclaim] provision demonstrate that a generic company can employ the counterclaim to challenge a brand’s overbroad use code.”      See also  

The Supreme Court’s Caraco Pharma. v. Novo Nordisk Decision: Scope of Counterclaim Provision Expanded

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In an order on May 23, the CAFC stated

 (1) This court’s opinion of April 14, 2010 is vacated, the mandate of this court issued on August 5, 2010 is recalled, and the appeal is reinstated.
(2) The motion is granted to the extent that Novo Nordisk’s response is due May 24, 2012.