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Cubist, Teva Settle Cubicin Patent Dispute

From Associated Press (April 4, 2011)

LEXINGTON, Mass. -- Cubist Pharmaceuticals Inc. said Monday it has resolved a patent suit with Teva Pharmaceutical Industries Ltd., agreeing to give the drug maker a license to sell a generic version of its antibiotic Cubicin by 2018.

The news sent Cubist shares up $3.45, or nearly 14 percent, to $28.70 in after-hours trading, having closed the regular session at $25.25 before the announcement.

Cubist, which makes the drug, has spent several years in a patent dispute with Teva over the generic company's plans to make a lower-cost version. Cubist had previously claimed that certain patents in question on the drug 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 FDA approved Cubicin in 2003 to treat severe skin infections often found in hospital patients. It is Cubist's only marketed product. Cubist President and CEO Mike Bonney said he expects Cubicin to bring in $1 billion in U.S. revenue before Teva launches its product.

Teva may now launch its generic version in the U.S. on June 24, 2018, if Cubist obtains a six-month extension of marketing exclusivity for the drug for pediatric use. If not, Teva can launch the generic version six months sooner.

The companies also agreed that Cubist will be Teva's sole supplier of the active ingredient, daptomycin, for all U.S. sales of the generic version.

"We are very pleased with this result, which reflects our continued confidence in the strength of our patents while removing the uncertainty, distraction and cost of litigation," Bonney said in a statement.

Shares of Teva fell 50 cents to close earlier at $50.04.

Posted: April 2011