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US Court Issues Claim Construction Order To Cubist Pharma Against Teva

The US court for the District of Delaware has issued a claim construction order to Cubist Pharmaceuticals in the litigation against Teva.

Cubist Pharma had filed a patent infringement lawsuit against Teva Parenteral Medicines (TPM), Teva Pharmaceuticals USA and Teva Pharmaceutical Industries on March 23, 2009.

The complaint alleged 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 Pharma had filed the lawsuit in response to an abbreviated new drug application (ANDA) filed by TPM seeking FDA approval to market a generic version of Daptomycin prior to the expiration of Cubist Pharma’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.

Cubicin is approved in the US and many other markets as therapy for Staphylococcus aureus bloodstream infections (bacteremia), including right-sided endocarditis caused by methicillin-resistant S aureus (MRSA), and complicated skin infections caused by certain Gram-positive bacteria, including MRSA.

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