WASHINGTON (AP) — The Supreme Court says the makers of a name brand drug have to correct a patent that could hinder the approval of a generic drug.
The high court on Tuesday agreed with a court decision that forced Novo Dordisk A/S to correct the patent for repaglinide, which is marketed as the diabetes drug Prandin.
Generic drug maker Caraco Pharmaceutical Laboratories, Ltd., wants to make a generic version. But Novo had its patent description revised and made broader, which blocks Caraco's generic application. A federal judge ruled that Novo's description was too broad and ordered them to change it, although that decision was overturned by the U.S. Court of Appeals for the Federal Circuit.
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The high court, in a unanimous opinion written by Justice Elena Kagan, agreed with the original decision.
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