According to Mylan, the United States Court of Appeals for the Federal Circuit has affirmed a lower court’s March 2014 decision upholding the validity of four Mylan patents related to Perforomist formoterol fumarate inhalation solution and infringement of the patents by Teva.
The patents (Nos. 6,667,344; 6,814,953; 7,348,362; and 7,462,645) protect Perforomist until June 2021, precluding final approval of Teva’s ANDA by the FDA prior to that time.
Mylan CEO Heather Bresch commented: “The court’s decision today again recognizes the validity of the patents covering Mylan’s Perforomist inhalation solution, reaffirming the strength of our intellectual property on this product. We are excited about the growth of our respiratory franchise and look forward to continuing to meet unmet needs in this increasingly important space.”
Read the Mylan press release.
