Cubist Pharmaceuticals, Inc. v. Hospira, Inc., No. 15-1197 (Fed. Cir. Nov. 12, 2015)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

This case arises under the Hatch-Waxman Act, which governs certain patent disputes between pharmaceutical companies.1 The plaintiff, Cubist Pharmaceuticals, Inc., owns five patents that relate to the antibiotic daptomycin . The defendant, Hospira, Inc., sought authorization to sell a generic version of Cubist’s daptomycin product, which led Cubist to file this action charging Hospira with patent infringement. Daptomycin was developed by Eli Lilly & Co. (“Lilly”). The original patent to daptomycin expired in 2002.