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In this episode of Hims House, Jonathan Stern is joined by patent attorney Gaston Kroub to break down Novo Nordisk’s Delaware lawsuit accusing Hims of infringing the semaglutide “343” patent (U.S. Patent No. 8,129,343). They discuss what Novo is actually asking the court for (a reasonable royalty, damages, and a permanent injunction), what Novo has to prove, and what levers Hims has to fight back. Gaston explains why Novo didn’t seek a preliminary injunction at filing, why that may be intentional, and how venue, jury dynamics, and Delaware court congestion may shape the case timeline. They also get into the downside scenarios for Hims, possible defenses and mitigation strategies (invalidity, damages limitations, indemnification), and how parallel FDA and DOJ pressure could influence the broader future of compounded GLP-1s.
02:25 The lawsuit and what Novo is seeking: royalties, damages, injunction
07:41 Why no preliminary injunction filed
12:31 Why did Novo file now vs. 8-9 months ago?
24:04 Why did Novo file in Delaware?
29:21 Likely timelines, chances of settlement or dismissal
33:20 Worst-case scenarios
36:48 Indemnification and supplier liability?
45:01 FDA & DOJ pressure on compounded GLP-1s
49:46 How Hims miscalculated the oral launch
55:00 What to watch next Disclaimer: This podcast is for informational and entertainment purposes only. Nothing discussed should be considered financial, investment, or legal advice. Always consult with a qualified professional before making financial decisions.