Largely As Expected — Merck Is Clear On Cubicin® — Through June 2016, At Least

The Federal Circuit panel has just made it clear that Merck will control the central patent on Cubicin® (Daptomycin) — until at least June of 2016. Here is my last backgrounder, on this topic — from about four weeks ago. Now that opinion is available.

In doing so, it sided with the federal District (trial level) court, and invalidated three of the four patents held by Cubist/Merck — those reaching into 2019 — for obviousness. But Wall Street was largely expecting this.

Now the question is whether Merck will seek a rehearing en banc, or appeal to the US Supremes — or let it go, and gear up for 2016 competition from Hospira — now owned by Pfizer.

We will let you know. I’ll put the full 32 page PDF of the opinion here.

Onward, one and all — have a great weekend!


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