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In episode 37 of Hims House, patent attorney Gaston Kroub joins Jonathan Stern and Patrick Lester (Bayside) to unpack the legal fallout from Novo Nordisk’s split with Hims. With speculation swirling around a potential lawsuit, Gaston explains why a patent case is unlikely — and why, if Novo sues, they may instead lean on trademark or false advertising claims. The discussion dives into Novo’s patent portfolio, including the critical ‘343 patent, and how ongoing lawsuits against Empower and Strive could shape Novo’s next move. Gaston breaks down what a lawsuit would look like, the most likely outcomes, and why compounders like Hims remain legally protected despite accusations of skirting the law’s intent. The conversation closes with a look at the Supreme Court ruling that is responsible for the compounding exemption, and why any legislative fix may be years away.
00:00 – Godel Terminal
00:54 – Intro
02:43 – Gaston’s Legal Background and Expertise
04:46 – Will Novo Nordisk Sue Hims?
17:02 – How Novo Has Targeted Other Compounders
21:54 – FDA Law and Whether Novo Can Sue Directly
26:57 – Breaking Down Novo’s Patent Portfolio
39:10 – Lawsuit Scenarios
41:19 – How Preliminary Injunctions Work
42:53 – Why Novo Might NOT File A Lawsuit
45:43 – Legal Precedents and Comparisons
46:36 – What Makes Compounders Vulnerable in Court
52:46 – Possible Outcomes If Novo Files a Lawsuit
01:00:29 – Future of Compounding & Possible Congressional Actions
01:16:15 – Final Takeaways
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