Mylan and Sunovion settle Brovana patent infringement suit

Mylan has announced that its subsidiary Mylan Specialty (formerly Dey Pharma) has reached an agreement with Sunovion Pharmaceuticals (formerly Sepracor) in which Sunovion “has acknowledged that two Mylan patents are valid, enforceable and infringed by Sunovion’s Brovana product.” Dey sued Sepracor in 2007 alleging that the latter’s Brovana arformoterol tartrate inhalation solution infringed on seven Dey patents. In March 2012, US District Court Judge John Koeltl invalidated the other five patents, a ruling that Mylan says it plans to appeal.

Mylan CEO Heather Bresch said, “We are pleased with this settlement and remain confident in the intellectual property protecting Perforomist, as well as our combination product for the treatment of Chronic Obstructive Pulmonary Disease (COPD), currently in development. We believe this settlement and judgment by the Court further strengthen the potential of our Specialty franchise and its portfolio of products.”

Read the Mylan press release.

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