ARTICLE | Company News

Cubist, Hospira infectious news

January 12, 2015 8:00 AM UTC

The U.S. District Court for the District of Delaware ruled that Cubist’s antibiotic Cubicin daptomycin has patent exclusivity until June 15, 2016. In Cubist Pharmaceuticals Inc. v. Hospira Inc., the court upheld one Orange Book patent covering Cubicin, but invalidated four others covering the cyclic lipopeptide antibiotic. The court ruled that Cubist’s U.S. Patent No. RE39,071 is not invalid and that Hospira’s ANDA submission to FDA for a generic version of Cubicin infringes the patent. RE39,071 covers Cubicin’s formulation and expires June 15, 2016. The court ruled that U.S. Patent Nos. 6,468,967; 6,852,689; 8,058,238 and 8,129,342 are invalid due to obviousness. The ‘967 and ‘689 patents, which cover dosing methods, expire on Sept. 24, 2019. The ‘238 and ‘342 composition patents expire on Nov. 28, 2020. Hospira appealed the decision. Cubist said it also plans to appeal. ...