Supreme Court Won't Hear Cubicin Patent Appeal

Law360, New York (May 31, 2016, 2:17 PM EDT) -- The U.S. Supreme Court on Tuesday declined to review an infringement case over the antibiotic Cubicin in which Cubist Pharmaceuticals Inc. alleged that lower courts erred in nixing the asserted claims of four of the drug's five patents by effectively creating new rules for evaluating a patent's obviousness.

The high court did not expand on its rationale for declining to review whether 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...

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