Hospira UK Ltd v Cubist Pharmaceuticals LLC

Hospira UK Ltd v Cubist Pharmaceuticals LLC

All three patents (the 417, 179, and 047 Patents) are invalid for lack of inventive step. The 417 Patent is obvious in light of the Cubist Press Release and Woodworth; the 179 Patent is obvious over US 4,874,843 and, for claim 1, over common general knowledge alone; the 047 Patent is obvious over Lin & Jiang. The 417 Patent is not entitled to its first priority date but is entitled to its second. None of the patents are anticipated by the cited prior art. The amendments do not add matter, except that claim 2 of the 417 Patent lacks clarity. The patents are sufficiently enabled and the 'daptomycin insufficiency' argument fails.

Parties
Claimant: Hospira UK Limited; Defendant: Cubist Pharmaceuticals LLC
Jurisdiction
England and Wales
Judgment Date
10 June 2016
Procedural Posture
Patent Revocation and Validity Trial / Judgment After Full Trial
Outcome
All three patents (the 417, 179, and 047 Patents) are revoked as invalid.
Legal Topics
Patent Validity, Obviousness, Anticipation, Added Matter, Sufficiency, Pharmaceutical Patents
Intellectual Property Patents Patent Validity Obviousness Anticipation Added Matter Sufficiency Pharmaceutical Patents

Case Brief

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Parties

Hospira UK Limited

Claimant

Cubist Pharmaceuticals LLC

Defendant

Procedural Posture

Patent Revocation and Validity Trial / Judgment After Full Trial

Legal Issues

  1. 1 Whether the 417, 179, and 047 Patents are invalid for lack of inventive step (obviousness) and/or anticipation
  2. 2 Whether the patents add matter or lack clarity
  3. 3 Whether the patents are insufficient (not enabled)

Ratio Decidendi

All three patents (the 417, 179, and 047 Patents) are invalid for lack of inventive step. The 417 Patent is obvious in light of the Cubist Press Release and Woodworth; the 179 Patent is obvious over US 4,874,843 and, for claim 1, over common general knowledge alone; the 047 Patent is obvious over Lin & Jiang. The 417 Patent is not entitled to its first priority date but is entitled to its second. None of the patents are anticipated by the cited prior art. The amendments do not add matter, except that claim 2 of the 417 Patent lacks clarity. The patents are sufficiently enabled and the 'daptomycin insufficiency' argument fails.

Court Disposition

All three patents (the 417, 179, and 047 Patents) are revoked as invalid.

Orders

  • The 417, 179, and 047 Patents are revoked for lack of inventive step.
  • Hospira's claim for revocation is successful.