Cubist plans to sue Hospira over its intent to sell generic version of Cubist’s drug
Cubist Pharmaceuticals Inc. this morning said it will file a patent infringement lawsuit against generic drug maker Hospira Inc. after being alerted that Hospira has asked regulators for permission to market a generic version of Cubist’s most important drug.
Lexington-based Cubist said it received notice from Hospira, based in Lake Forest, Ill., that it has filed an abbreviated new drug application with the Food and Drug Administration to sell its own version of daptomycin, which Cubist markets under the brand name Cubicin. Cubicin generated about 98 percent of Cubist’s nearly $700 million in sales last year. The drug is currently protected by five patents, which are scheduled to expire between 2016 and 2028.
The new patent skirmish comes 10 months after Cubist settled long-running patent litigation with Israeli generic drug giant Teva Pharmaceutical Industries Ltd. Under that settlement, Cubist granted Teva a license to sell generic daptomycin in the United States starting in 2017 or 2018. In exchange, Teva agreed to buy its US supply of daptomycin from Cubist, giving the Lexington company a revenue stream after its top-selling drug comes off patent later in the decade.
Cubist had accused Teva of violating three patents. Since they reached their settlement, Cubist has acquired two more patents on Cubicin.
In morning trading, Cubist shares were down 88 cents, or about 2 percent, to $39.96.
Robert Weisman can be reached at weisman@globe.com.
