Cubist Pharmaceuticals, Inc. (NASDAQ: CBST) announced that the U.S. Food and Drug Administration (FDA) has received today the re-listing application for its U.S. Patent RE 39,071. Patents are considered listed in the Orange Book upon receipt by FDA, and this is one of three patents for daptomycin listed in the Orange Book. We expect that the FDA will publish the re-listed patent information in its next regular Orange Book update.
U.S. Patent RE 39,071 covers the pharmaceutical composition of CUBICIN(R) (daptomycin for injection) and expires in June 2016. On September 11, 2007 Cubist had asked the FDA to de-list the pharmaceutical composition patent from the Orange Book so that it could seek a technical correction. The U.S. Patent and Trademark Office on January 29, 2008 granted a Certificate of Correction for the pharmaceutical composition patent.
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