Cubist to oppose Teva’s attempt to add new defense in patent infringement litigation

Cubist Pharmaceuticals, Inc. (NASDAQ: CBST) today announced that it will oppose a motion filed by the Teva defendants to amend their answer to add a new defense in the patent litigation between Cubist and Teva pending in the US District Court for the District of Delaware. A motion for leave to amend the answer is a request to be permitted to add a new allegation. The Teva defendants seek leave to amend their answer to allege that US Patent Nos. 6,468,967 and 6,852,689 are unenforceable due to inequitable conduct.

Cubist filed a patent infringement lawsuit against Teva Parenteral Medicines, Inc. (TPM), Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd. The complaint alleges infringement of US Patent Nos. 6,468,967 and 6,852,689, which expire on September 24, 2019, and US Patent No. RE39,071, which expires on June 15, 2016.