Cubist Pharmaceuticals, Inc. v. Hospira, Inc., Supr. Ct. No. 15-1210, opinion below, 805 F.3d 1112 (Fed. Cir. 2015)(Bryson, J.), is scheduled for Conference today. The First Question Presented asks:
“Whether a court may categorically disregard objective indicia of a patent’s nonobviousness merely because the considerations apply to one commercial embodiment of a patented invention, rather than all embodiments.”
A decision whether certiorari has been granted is expected as early as next Tuesday, May 31, 2016. The case is considered in the attached Top Ten Patent Cases at pp. 21-22.