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Patent Law

: Philip Brooks’ Patent Infringement Updates

Cubist Sues Teva Over Generic Drug

By Philip Brooks

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The following is excerpted from a February 10, 2009 article from Mass High Tech:

Cubist Pharmaceuticals Inc. has announced plans to file a patent infringement lawsuit against Teva Parenteral Medicines Inc., after receiving notice that Teva plans to issue a generic drug version of Cubist?s daptomycin for injection.

The Paragraph IV Certification Notice Letter from Teva indicated that the company had submitted to the U.S. Food and Drug Administration an Abbreviated New Drug Application (ANDA). If accepted, the generic version of Cubicin, a treatment for staph infections of the skin and blood, would pass before Cubist?s patents expire.

According to Cubist (Nasdaq: CBST) officials, the FDA must drop the acceptance of Teva?s ANDA if Lexington-based Cubist files a patent infringement lawsuit within 45 days of receiving the letter from Teva.

See the full article here.

Full post as published by Philip Brooks’ Patent Infringement Updates on February 10, 2009 (boomark / email).

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