Teva Pharmaceutical Industries Ltd. has been sued by Cubist Pharmaceuticals Inc. for infringement of patents relating to the antibiotic Cubicin.
Cubist, the manufacturer claims that the patents won’t expire until 2016 and 2019, however Israel-based Teva has already asked the Food and Drug Administration (FDA) to approve its generic version of the drug.
The lawsuit, filed in federal court in Delaware, is designed to prevent the FDA from approving Teva’s application for 30 months or until a judgment is made.
The FDA approved Cubicin in 2003 to treat severe skin infections. Cubist has estimated a potential of $1 billion in annual sales. This will however, require, the patent to remain valid and enforceable. Once generics enter the market, the price will drop.