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Court says drug maker has to correct patent description
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.
The high court, in a unanimous opinion written by Justice Elena Kagan, agreed with the original decision.