Cubist Pharmaceuticals, Inc has filed a patent infringement lawsuit against Teva Parenteral Medicines, Inc (TPM), Teva Pharmaceuticals USA, Inc and Teva Pharmaceutical Industries Ltd. The complaint, which was filed in the US District Court for the District of Delaware, alleges infringement of US Patent Nos 6,468,967 and 6,852,689, which expire on September 24, 2019, and US Patent No RE39,071, which expires on June 15, 2016.

Cubist filed the lawsuit in response to an Abbreviated New Drug Application (ANDA) filed by TPM seeking US Food and Drug Administration (FDA) approval to market a generic version of daptomycin prior to the expiration of Cubist's patent rights. Daptomycin is marketed in the US and internationally under the brand name Cubicin (daptomycin for injection) as therapy for serious skin and bloodstream infections caused by certain Gram-positive bacteria.

Cubist's president and CEO Michael W Bonney said, "We have confidence in our patents and will continue to take all appropriate actions needed to protect our intellectual property rights related to Cubicin."

Under current US law, the filing of the lawsuit automatically prevents the FDA from approving the ANDA for 30 months from Cubist's receipt of TPM's Paragraph IV notification letter in February 2009 unless the court enters judgment in favour of TPM in less than 30 months, or finds that a party has failed to cooperate reasonably to expedite the lawsuit.

Cubicin is approved in the US and many other markets as therapy for serious skin and bloodstream infections caused by certain Gram-positive bacteria. CUBICIN is currently the only once-daily bactericidal antibiotic approved in the U.S. for the treatment of complicated skin and skin structure infections caused by susceptible strains of the following Gram-positive microorganisms: Staphylococcus aureus (including methicillin-resistant and methicillin susceptible strains), Streptococcus pyogenes, S. agalactiae, S. dysgalactiae subsp. equisimilis and Enterococcus faecalis (vancomycin-susceptible strains only). CUBICIN is also approved in the U.S. as therapy for bloodstream infections (bacteremia), including right-sided endocarditis, caused by S. aureus. CUBICIN is not indicated for the treatment of pneumonia. Most adverse events reported in clinical trials were mild to moderate in intensity. The most common were anemia, constipation, diarrhea, nausea, vomiting, injection site reactions, and headache. To reduce the development of drug-resistant bacteria and maintain the effectiveness of CUBICIN, CUBICIN should be used only to treat or prevent infections that are proven or strongly suspected to be caused by bacteria susceptible to CUBICIN. For full prescribing information, visit www.cubicin.com.

Cubist Pharma is a biopharmaceutical company focused on the research, development, and commercialization of pharmaceutical products that address unmet medical needs in the acute care environment.