Cubist Asks High Court To Review Nixing Of Cubicin Patents

Law360, New York (May 16, 2016, 2:05 PM EDT) -- Lower courts erred by effectively creating new rules for evaluating a patent's obviousness when they examined and invalidated the asserted claims of four of the five patents covering the antibiotic Cubicin, Cubist Pharmaceuticals Inc. has told the U.S. Supreme Court.

The District of Delaware and the Federal Circuit erred by holding that secondary considerations — such as sales figures — must be comparable in scope with an invention's claimed features so that they may be given significant weight as part of a patent's obviousness analysis, and by determining that if any "long-felt needs" addressed by an invention are to be weighed,...

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