A triple start when a dose of defeat - three antibiotic patents of Cubist revoked in one trial
This judgment [ Hospira UK Ltd v Cubist Pharmaceuticals LLC [2016] EWHC 1285 (Pat) (10 June 2016) ] was handed down a little while ago, but this Kat only recently got round to studying it properly, containing as it does decisions relating to three rather different patents. This report was co-written with chemist and IP enthusiast Benji Gibber , to whom this Kat is very grateful. Daptomycin This case concerns three patents owned by the defendant Cubist Pharmaceuticals LLC relating to the antibiotic daptomycin, originally discovered by Eli Lilly in the 1980s. Patent EP1115417 (“the 417 patent”) claims a range of doses of the drug to be administered once a day. The other two patents, EP1252179 and EP2264047 (“the 179 patent” and “the 047 patent” respectively), claim different methods of purifying daptomycin. The claimant, Hospira UK Limited, sought the revocation of all three patents, which were all considered in a single trial. Mr Justice Carr found all three patents ...