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Friday, December 11, 2009

Cubist, Teva patent suit to head to court

By Julie M. Donnelly

Cubist Pharmaceuticals Inc. says a trial date has been set for patent litigation in Delaware district court against Teva Parenteral Medicines, Inc.

Cubist alleges that Teva, a generic medicine manufacturer based in Israel, has infringed on three of Cubist’s patents relating to its blockbuster antibiotic, Cubicin, a therapy for serious skin and bloodstream infections. Two of the patents expire on September 24, 2019, and one patent expires June 15, 2016.

The date of the trial has been set for April 25, 2011.

Cubist filed the lawsuit after Teva filed an Abbreviated New Drug Application with the U.S. Food and Drug Administration (FDA), seeking approval to market a generic version of Cubicin before the patents expire.

Cubist’s (NASDAQ: CBST) stock was trading at $18.27 just after the midday announcement, up slightly from $17.94 at the previous close.

Cubist officials said earlier this year that they expected net U.S. revenue for Cubicin to be $520 million to $540 million for 2009.

 

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