The US District Court for the Southern District of New York has issued a final judgment and order affirming the validity of five patents related to Mylan’s Perforomist formoterol fumarate inhalation solution and stating that Sunovion’s Brovana inhalation solution infringes the Mylan patents. Mylan had appealed after the five patents were invalidated in March 2012; two other Mylan patents were upheld at the time. Mylan and Sunovion settled the suit in May 2012.
Mylan CEO Heather Bresch commented, “We have always believed in the strength and validity of the intellectual property protecting Perforomist, as well as our combination product for the treatment of Chronic Obstructive Pulmonary Disease (COPD), currently in development. We are pleased to have prevailed in the appellate court and settled this litigation and that the Court’s Order brings this matter to a close.”
Read the Mylan press release.
