A trial date has been set for patent litigation in the U.S. District Court for the District of Delaware against Teva alleging infringement of Cubist's US Patent Nos. 6,468,967 and 6,852,689 (expiry September 24, 2019) and US Patent No. RE39,071 (expiry June 15, 2016). The Court has set a date for trial beginning on April 25, 2011. The court also scheduled a claim construction hearing (a.k.a. Markman hearing) for June 2, 2010. The court indicated that summary judgment motions will not be permitted in this lawsuit. Cubist filed the lawsuit in response to an ANDA filed by TPM seeking USFDA 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.
No comments:
Post a Comment