* Cubist says Cubicin protected by five FDA patents
* Cubist to file complaint against Hospira within 45 days
Feb 9 (Reuters) - Cubist Pharmaceuticals Inc said specialty medicines maker Hospira Inc filed a marketing application for a copycat version of Cubist’s flagship antibiotic injection Cubicin.
Cubist said it plans to file a complaint against Hospira alleging infringement of its patents on Cubicin within the required 45 days.
Once the lawsuit is filed, it said, the U.S. Food and Drug Administration will stay the approval of Hospira’s generic drug for 30 months.
Last April, Cubist, which gets most of its revenue from Cubicin, reached an agreement with generic drug maker Teva Pharmaceutical Industries, allaying fears of a generic launch of the drug.
Under the agreement, Teva can launch its generic version in the United States only in December 2017, or, if Cubist gets a pediatric exclusivity extension, in June 2018.
Cubist shares closed at $40.84 on Wednesday on the Nasdaq.