Hospira Inc can launch a generic version of Cubist Pharmaceuticals Inc 's leading drug Cubicin as soon as 2016, a federal judge has ruled.
U.S. District Judge Gregory Sleet in Delaware ruled Monday that four of Cubist's patents on Cubicin, an antibiotic injection used in hospitals to treat bacterial skin infections, were invalid.
Those patents would have given Cubist the exclusive right to sell Cubicin through November 2020. Sleet upheld one patent that expires in June 2016.
Thursday's decision will keep a Cubicin generic out of the market only until June 2016. The court invalidated four of Merck's patents that would have protected the drug's market share up to 2020.
MRK says it may appeal to the USSC, If the CAFC’s ruling stands, it will lend credence to the notion that the $9.5B price MRK paid for CBST one year ago was too high (#msg-108853418).