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NOVO NORDISK v. CARACO PHARMACEUTICAL LABS.

No. 2011-1223.

719 F.3d 1346 (2013)

NOVO NORDISK A/S and Novo Nordisk Inc., Plaintiffs-Appellants, v. CARACO PHARMACEUTICAL LABORATORIES, LTD. and Sun Pharmaceutical Industries, Ltd., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 18, 2013.

Attorney(s) appearing for the Case

Mark A. Perry , Gibson, Dunn & Crutcher LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Josh A. Krevitt , Wayne Barsky , and Micheal A. Sitzman. Of counsel was Lucas C. Townsend.

James F. Hurst , Winston & Strawn LLP, of Chicago, IL, argued for defendants-appellees. With him on the brief were David S. Bloch , Charles B. Klein , Steffen N. Johnson and Andrew C. Nichols. Of counsel was John K. Hsu.

Opinion for the court filed by Circuit Judge PROST. Opinion concurring in part and dissenting in part filed by Circuit Judge NEWMAN.

PROST, Circuit Judge.

Novo Nordisk A/S and Novo Nordisk Inc. ("Novo") appeal a decision of the United States District Court for the Eastern District of Michigan which held that claim 4 of U.S. Patent No. 6,677,358 ("'358 patent") was invalid as obvious and that the '358 patent was unenforceable due to inequitable conduct. See Novo Nordisk A/S v. Caraco Pharm. Labs., 775 F.Supp.2d 985, 1025 (E.D.Mich.2011). For the reasons...

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