Legal Opinion
Cubist Pharmaceuticals, Inc. v. Hospira, Inc.
Court of Appeals for the Federal Circuit
Decided November 12, 2015No. 2015-1197, 2015-1204, 2015-1259PublishedCited by 11 opinions
1Opinion of the Court
BRYSON, Circuit Judge.
This case arises under the Hatch-Wax-man Act, which governs certain patent disputes between pharmaceutical companies. 1 The plaintiff, Cubist Pharmaceuticals, Inc., owns five patents that relate to the antibiotic daptomycin. The defendant, Hospira, Inc., sought authorization to sell a generic version of Cubist’s daptomycin product, which led Cubist to file this action charging Hospira with patent infringement.
Daptomycin was developed by Eli Lilly & Co. (“Lilly”). The original patent to daptomycin expired in 2002. The five patents at issue in this case are all follow-on…
2Cases cited10 opinions
- Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co.Court of Appeals for the Federal Circuit · 2010
- Invitrogen Corp. (Formerly Known as Life Technologies, Inc.) v. Clontech Laboratories, Inc.Court of Appeals for the Federal Circuit · 2005
- Superior Fireplace Company v. The Majestic Products Company and Vermont Castings, Inc., Defendants-CrossCourt of Appeals for the Federal Circuit · 2001
- The Regents of the University of New Mexico v. Galen D. Knight, and [Pg] Terence J. ScallenCourt of Appeals for the Federal Circuit · 2003
- In Re ClementCourt of Appeals for the Federal Circuit · 1998
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3Cited by11 opinions
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- Pernix Ir. Pain Dac v. Alvogen Malta Operations Ltd.District Court, D. Delaware · 2018
- In Re MCDONALDCourt of Appeals for the Federal Circuit · 2022
- In Re MCDONALDCourt of Appeals for the Federal Circuit · 2022
- Intercontinental Great Brands v. Kellogg North America CompanyCourt of Appeals for the Federal Circuit · 2017
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