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Cubist Pharmaceuticals Inc. (therapies for the acute care market) and Teva Pharmaceutical Industries Ltd. have settled patent litigation surrounding the former’s antibiotic Cubicin (daptomycin). In early 2009, Cubist claimed Teva infringed on patents by filing for FDA approval of a generic version of the drug. Under terms of the settlement, Cubist licensed Teva non-exclusive rights to sell daptomycin in the US as of either December 24, 2017 or, if Cubist obtains a six-month extension of pediatric marketing exclusivity, then June 24, 2018. Teva will exclusively purchase its daptomycin requirements from Cubist based on both the cost of goods sold plus a margin and a specified percentage of net profits from sales of generic daptomycin.
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