CUBIST PHARMACEUTICALS, INC. v. HOSPIRA, INC.

Nos. 2015-1197, 2015-1204, 2015-1259.

805 F.3d 1112 (2015)

CUBIST PHARMACEUTICALS, INC., Plaintiff-Cross-Appellant, v. HOSPIRA, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

November 12, 2015.


Attorney(s) appearing for the Case

William F. Lee , Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, argued for plaintiff-cross-appellant. Also represented by Mark Christopher Fleming , Lisa Jon Pirozzolo ; William G. McElwain , Washington, DC.

James F. Hurst , Kirkland & Ellis LLP, Chicago, IL, argued for defendant-appellant. Also represented by John C. O'Quinn , Washington, DC; Leslie M. Schmidt , New York, N.Y.; Steffen Nathanael Johnson , Jovial Wong , Winston & Strawn LLP, Washington, DC; James Matthew Hilmert , Tyler Johannes , George C. Lombardi , Chicago, IL; Stephen R. Smerek , Los Angeles, CA.

Before WALLACH, BRYSON, and HUGHES, Circuit Judges.


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...

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