Cardinal Health, Rochester Drug Co-op and American Sales are suing Novo Nordisk for allegedly delaying generic versions of the diabetes drug Prandin. Novo Nordisk lost a patent infringement lawsuit against Sun Pharmaceutical unit Caraco last summer.
The FDA denied approval of Danish drugmaker Novo Nordisk's diabetes drugs Tresiba and Ryzodeg, despite a favorable recommendation from federal health advisers in November. The drugs are once-per-day insulin drugs meant to treat diabetes.
The Supreme Court will hear a case in which Caraco Pharmaceutical Laboratories wants to market a generic version of Novo Nordisk's diabetes drug Prandin for two uses that aren't patented, but Novo Nordisk claims that a generic would infringe an active patent on a third use.
A federal judge ruled that the patent for Novo Nordisk's diabetes pill PrandiMet is unenforceable and invalid. The drug combines the company's Prandin and metformin, a widely used drug for Type 2 diabetes. Novo plans to appeal the verdict, said Chief Financial Officer Jesper Brandgaard.