US Supreme Court refuses Cubicin patent infringement case

The US Supreme Court has refused to review Cubist Pharmaceuticals’ infringement case over the antibiotic drug Cubicin (daptomycin).

The court’s decision, from yesterday, May 31, will allow rival drug company Hospira to introduce a generic version this year.

Cubist owns five patents that relate to the antibiotic daptomycin, and filed a complaint against Pfizer-owned company Hospira after the company sought authorisation to sell a generic version of Cubist’s drug in 2011.

The case was filed at the US District Court for the District of Delaware.

The five patents owned by Cubist are US numbers RE,39,071; 5,912,226; 6,852,689; 8,058,238; and 8,129,342.

In November 2015, the US Court of Appeals for the Federal Circuit decided that four of the patents were not valid they were due to expire in 2019 and 2020. The only patent that was found to be valid is due to expire in June, and following the Supreme Court’s refusal to hear the case, Hospira can now proceed with plans for a generic drug.

The original patent to daptomycin expired in 2002 and was developed by Eli Lilly & Co.