A jury has awarded $18 million to Sunovion Pharmaceuticals after finding that Mylan willfully infringed on patents for Xopenex levalbuterol hydrochloride inhalation solution when its subsidiary Dey marketed generic versions of the product. The trial took place in the US District Court for the District of Delaware.
The patents involved are US patents numbers 5,362,755; 5,547,994; 5,760,090; 5,844,002; and 6,083,993, “which pertain to methods of using the optically pure R (-) isomer of albuterol to treat bronchial disorders while at the same time reducing side effects associated with the use of the racemic mixture of albuterol.”
Mylan CEO Heather Bresch commented, “While this is not a significant product for Mylan, we firmly believe that the jury has erred and intend to seek reversal through post-trial motions and, if necessary, an appeal of the verdict and the damages award.”
Read the Mylan press release.
