Cubicin Patent Expiration

Cubicin is a drug owned by Cubist Pharmaceuticals Llc. It is protected by 7 US drug patents filed from 2013 to 2016. Out of these, 2 drug patents are active and 5 have expired. Based on its patents and exclusivities, its generic launch date is estimated to be Nov 23, 2030. Details of Cubicin's patents and their expiration are given in the table below.

Drug Patent Number Drug Patent Title Drug Patent Expiry Status
These drug patents focus on the other aspects of the drug like dosage, mode of administration (oral, tablet, capsules, liquids etc).
US9138456 Lipopeptide compositions and related methods
Nov, 2030

(5 years from now)

Active
US8003673 Daptomycin for the treatment of biofilm and catheter salvage
Sep, 2028

(3 years from now)

Active
US8058238 High purity lipopeptides
Nov, 2020

(4 years ago)

Expired
US8129342 High purity lipopeptides
Nov, 2020

(4 years ago)

Expired
US6468967 Methods for administration of antibiotics
Sep, 2019

(5 years ago)

Expired
US6852689 Methods for administration of antibiotics
Sep, 2019

(5 years ago)

Expired
USRE39071 Anhydro-and isomer-a-21978c cyclic peptides
Jun, 2016

(8 years ago)

Expired


A patent's expiry date may change depending upon legal activities going on that patent. Critical activities like abandoning of a patent, term extension of a patent or amendment of its claims can increase or decrease the life of a patent hence affecting its expiry date and in turn affecting the generic launch date of that drug. Tracking these ongoing activities on a patent application helps to keep an eye on the latest developments in the patent process of the drug which can give an idea of how early a drug's generic could be available. The next section provides a list of recent legal activities on Cubicin's patents.

Given below is the list of recent legal activities going on the following patents of Cubicin.

Activity Date Patent Number
Patent litigations
Expire Patent 08 Apr, 2024 US8129342 (Litigated)
Expire Patent 18 Dec, 2023 US8058238 (Litigated)
Maintenance Fee Reminder Mailed 23 Oct, 2023 US8129342 (Litigated)
Maintenance Fee Reminder Mailed 03 Jul, 2023 US8058238 (Litigated)
Payment of Maintenance Fee, 8th Year, Large Entity 08 Feb, 2023 US9138456
Payment of Maintenance Fee, 12th Year, Large Entity 11 Jan, 2023 US8003673
Request for Trial Denied 29 May, 2020 US9138456
Petition Requesting Trial 27 Nov, 2019 US9138456
Payment of Maintenance Fee, 8th Year, Large Entity 14 Aug, 2019 US8129342 (Litigated)
Payment of Maintenance Fee, 8th Year, Large Entity 11 Apr, 2019 US8058238 (Litigated)


While patent expiration is one way of estimating the generic date of a drug, if a patent gets invalidated somehow, the generic of the drug may arrive early. Being aware of all relevant patents can help in avoiding legal pitfalls. Given below are details of the litigation history of Cubicin and ongoing litigations to help you estimate the early arrival of Cubicin generic.

Cubicin's Litigations

Cubicin been subject to various legal proceedings, including patent litigations. The earliest legal proceeding was initiated on Oct 23, 2014, against patent number US8129342. The petitioner Agila Specialities Inc., challenged the validity of this patent, with Cubist Pharmaceuticals, Inc. as the respondent. Click below to track the latest information on how companies are challenging Cubicin's patents.

Last updated on December 17, 2024
Patent Proceeding Filing Date Status Respondent Petitioner
Patent litigations
US9138456 November, 2019 Terminated-Denied
(29 May, 2020)
Cubist Pharmaceuticals LLC Amneal Pharmaceuticals LLC
US8058238 July, 2015 Terminated-Settled
(14 Jun, 2016)
Cubist Pharmaceuticals LLC Fresenius Kabi USA LLC
US8129342 July, 2015 Terminated-Settled
(14 Jun, 2016)
Cubist Pharmaceuticals LLC Fresenius Kabi USA LLC
US6468967 November, 2014 FWD Entered
(12 May, 2016)
Cubist Pharmaceuticals LLC Fresenius-Kabi USA LLC
US6852689 November, 2014 FWD Entered
(12 May, 2016)
Cubist Pharmaceuticals LLC Fresenius-Kabi USA LLC
US8058238 July, 2015 Terminated-Denied
(28 Jan, 2016)
Cubist Pharmaceuticals LLC Fresenius Kabi USA LLC
US6468967 October, 2014 Terminated-Denied
(28 Apr, 2015)
Cubist Pharmaceuticals, Inc. Agila Specialties Inc.
US6852689 October, 2014 Terminated-Denied
(28 Apr, 2015)
Cubist Pharmaceuticals Incorporated Agila Specialties Inc.
US8058238 October, 2014 Terminated-Denied
(28 Apr, 2015)
Cubist Pharmaceuticals, Inc. Agila Specialities Inc.
US8058238 October, 2014 Terminated-Denied
(28 Apr, 2015)
Cubist Pharmaceuticals, Inc. Agila Specialties Inc.
US8129342 October, 2014 Terminated-Denied
(28 Apr, 2015)
Cubist Pharmaceuticals, Inc. Agila Specialities Inc.


FDA has granted some exclusivities to Cubicin. Till the time these exclusivities are active, no other company can market a generic or bioequivalent version of Cubicin, regardless of the status of it's patents. These exclusivities hence play a crucial role in delaying the generic launch. Given below are details of the exclusivities granted to Cubicin.

Exclusivity Information

Cubicin holds 2 exclusivities. All of its exclusivities have expired in 2020. Details of Cubicin's exclusivity codes and their expiration dates are given below.


Drug Exclusivity Drug Exclusivity Expiration
New Patient Population(NPP) Mar 29, 2020
M(M-211) Sep 01, 2020

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Several oppositions have been filed on Cubicin's European patents. EP oppositions can significantly impact the timeline for the generic launch of drugs. If an opposition results in the revocation or amendment of a patent, it can shorten the exclusivity period of the original drug. This can lead to an earlier entry of generic versions into the market. To help you estimate the potential early arrival of Cubicin's generic, the next section provides detailed information on ongoing and past EP oppositions related to Cubicin patents.

Cubicin's Oppositions Filed in EPO

Cubicin has faced multiple oppositions in the European Patent Office. The earliest opposition was filed on Apr 10, 2019, by Hgf Limited. This opposition was filed on patent number EP10832379A. Click below to reveal the latest opposition data.


Application Filing Date Opposition Party Legal Status
Patent litigations
EP10832379A Apr, 2019 Pajaro Limited Granted and Under Opposition
EP10832379A Apr, 2019 HGF Limited Granted and Under Opposition


US patents provide insights into the exclusivity only within the United States, but Cubicin is protected by patents in multiple countries. Understanding the full scope of patent protection is crucial in strategizing market entry. By looking at the broader patent landscape, you can identify markets with weaker patent protection which could be ideal generic entry points. The following section offers details on Cubicin's family patents as well as insights into ongoing legal events on those patents.

Cubicin's Family Patents

Cubicin has patent protection in a total of 31 countries. It's US patent count contributes only to 18.0% of its total global patent coverage. 7 countries have all of their patents expired or invalidated which has opened up potential generic launch opportunities in these countries. Click below to unlock the full patent family tree for Cubicin.

Family Patents

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Generic Launch

Generic Release Date:

Cubicin's generic launch date based on the last expiry date of its patents and exclusivities combined is estimated to be Nov 23, 2030 (This date is subject to change depending upon the patent filing activities by the drug owner or exclusivity additions to its drug application)

Cubicin Generic API suppliers:

Daptomycin is the generic name for the brand Cubicin. 19 different companies have already filed for the generic of Cubicin, with Dr Reddys having the maximum number of approved applications. Check out the entire list of companies who have already received approval for Cubicin's generic

How can I launch a generic of Cubicin before its drug patent expiration? :

You can seek FDA approval to launch a generic drug before the expiration of Cubicin's patents related by providing a 'paragraph IV certification' in your application, which states that the patent submitted by the Cubicin's sponsor is invalid, unenforceable, or will not be infringed by your generic product.

Given below are the details of the already filed Para IV certificates on Cubicin -

Strength Submission Date ANDA(s) Filed First applicant approval Last patent expiry 180 day status
500 mg/vial 19 Nov, 2008 1 Extinguished

Alternative Brands for Cubicin

Cubicin which is used for treating bacterial infections, including skin infections and bloodstream infections., has several other brand drugs in the same treatment category and using the same active ingredient (Daptomycin). Given below is the list of those companies and their brand drugs, to help you identify new opportunities, assess competitors, and plan your market strategies more effectively.

Drug Owner Drug Name Treatment Area
Abbvie
Teflaro Used for treating bacterial infections.
Baxter Hlthcare Corp
Zosyn In Plastic Container used for treating bacterial infections.
Cubist Pharms Llc
Sivextro Used for treating acute bacterial skin and skin structure infections caused by susceptible bacteria.
Cumberland
Vibativ Used for treating bacterial infections, including staphylococcal infections.
Lg Chem Ltd
Factive used for treating various bacterial infections.
Pfizer
Trovan Used for treating bacterial infections.
Trovan Preservative Free Used for treating bacterial infections.
Pf Prism Cv
Zmax used for treating bacterial infections.
Tygacil Used for treating bacterial infections.
Rempex
Minocin used for treating bacterial infections.
Shionogi Inc
Doribax Used for treating bacterial infections.
Wyeth Pharms
Zosyn Used for treating bacterial infections.
Xellia Pharms Aps
Vancomycin Used for treating bacterial infections.
Vancomycin Hydrochloride Used for treating bacterial infections.

Apart from drugs working in same treatment category, there are also some brand drugs where treatment area is different, but the active ingredient used is same i.e. Daptomycin. Given below is the list of those drugs and companies owning them.

Drug Owner Drug Name
Baxter Hlthcare Corp
Dapzura Rt
Cubist Pharms Llc
Cubicin Rf
Hospira
Daptomycin
Xellia Pharms Aps
Daptomycin


Apart from brand drugs containing the same ingredient, some generics have also been filed for Daptomycin, Cubicin's active ingredient. Check the complete list of approved generic manufacturers for Cubicin





About Cubicin

Cubicin is a drug owned by Cubist Pharmaceuticals Llc. It is used for treating bacterial infections, including skin infections and bloodstream infections. Cubicin uses Daptomycin as an active ingredient. Cubicin was launched by Cubist Pharms Llc in 2003.

Approval Date:

Cubicin was approved by FDA for market use on 12 September, 2003.

Active Ingredient:

Cubicin uses Daptomycin as the active ingredient. Check out other Drugs and Companies using Daptomycin ingredient

Treatment:

Cubicin is used for treating bacterial infections, including skin infections and bloodstream infections.

Dosage:

Cubicin is available in powder form for intravenous use. Given below is detailed information on Dosage -

Strength Dosage Form Availability Application Pathway
500MG/VIAL **Federal Register determination that product was not discontinued or withdrawn for safety or effectiveness reasons** POWDER Discontinued INTRAVENOUS
250MG/VIAL **Federal Register determination that product was not discontinued or withdrawn for safety or effectiveness reasons** POWDER Discontinued INTRAVENOUS