Cubicin Patent Axing Doesn't Warrant Review, Justices Told

Law360, New York (April 29, 2016, 9:46 PM EDT) -- Hospira has urged the U.S. Supreme Court not to review the invalidation of the asserted claims of four patents for Cubist Pharmaceutical's blockbuster antibiotic Cubicin, arguing that the Federal Circuit followed legal precedent in affirming that they were obvious.

Because the court's decision was based on a fact-intensive ruling that applied settled precedent as to obviousness, broke no ground and did not raise any important legal issue beyond the invalidity of the asserted claims, the high court does not need to engage in the "empty drama" raised by Cubist Pharmaceuticals Inc., according to the Wednesday opposition brief by Hospira Inc., which...

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