Cubicin (daptomycin) patents declared invalid by Supreme Court- Cubist Pharma/Merck Inc.
The U.S. Supreme Court has opened the way for Hospira Inc. to introduce a generic version of Cubicin (daptomycin).The Supreme Court did not disturb a November decision by the U.S. Court of Appeals for the Federal Circuit upholding a lower court ruling that invalidated four of five patents held by Cubist Pharma (which is owned by Merck Inc.), which were challenged by Hospira ( which is owned by Pfizer). The appeals court decided that four of the patents, expiring in 2019 and 2020, were invalid, and that one, expiring in June of 2016, was valid, which has the effect that Hospira can proceed with a generic version of the drug.
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