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Cubist Suing Teva in Patent Dispute

Tue, 03/24/2009 - 4:31am
LEXINGTON, Mass. (AP) — Cubist Pharmaceuticals Inc. is suing Teva Pharmaceutical Industries Ltd. in a patent dispute over the antibiotic Cubicin. Cubist makes the drug and said Monday the patents in dispute don't expire until 2016 and 2019. Israel-based Teva has already asked the Food and Drug Administration to approve its generic version of the drug. The lawsuit, filed in federal court in Delaware, prevents the FDA from approving Teva's application for either 30 months or until the a court judgment is made in the lawsuit, Cubist said. A message seeking comment was left with Teva's U.S. office before business hours. In February, Cubist said it planned on filing a patent lawsuit against Teva. The FDA approved Cubicin in 2003 to treat severe skin infections often found in hospital patients. Cubist has estimated the drug could eventually reach $1 billion in annual sales.

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