On March 1, Judge John Koeltl of the US District Court for the Southern District of New York issued a partial summary judgment in Mylan’s patent infringement suit against Sunovion Pharmaceuticals, invalidating 5 of the 7 patents regarding Brovana arformoterol tartrate inhalation solution cited in the suit filed by Mylan’s subsidiary Dey against Sunovion (formerly Sepracor) in 2007.
Mylan announced that it “is disappointed in today’s ruling and believes the Court erred in its decision” and that it intends to appeal. “In addition,” the company said, “Mylan’s two reexamined patents remain the subject of ongoing litigation and the company intends to continue to pursue damages and an injunction with respect to those patents.” Mylan also says that “it will continue to pursue its claims against Teva in separate litigation.”
Read the Mylan press release.
Read Judge Koeltl’s opinion.
Read a Bloomberg article on the case.
