Cubicin Correction Certificate Dooms Patent, Fed. Circ. Told

Law360, New York (February 3, 2015, 6:12 PM EST) -- Hospira Inc. on Tuesday urged the Federal Circuit to reverse a decision upholding the validity of a patent for blockbuster infection drug Cubicin, saying the lower court should have invalidated Cubist Pharmaceuticals Inc.'s patent because a correction certificate drastically changed the chemical described.

Although a Delaware federal judge had invalidated four Cubicin patents, he ruled that Hospira had infringed a fifth patent, which Hospira said in its appellate brief was a mistake because the U.S. Patent and Trademark Office had issued an invalid certificate of correction and was an improper recapture.

"[A]ll agree that the change is anything but minor from...

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