U.S. District Court Issues Final Judgment in Favor of Mylan in Patent
Infringement Litigation Against Sunovion's Brovana® Product
PITTSBURGH, July 8, 2013
PITTSBURGH, July 8, 2013 /PRNewswire/ -- Mylan Inc. (Nasdaq: MYL) today
announced that the U.S. District Court for the Southern District of New York
has issued a Final Judgment and Order following a ruling by the Court of
Appeals for the Federal Circuit in favor of Mylan Specialty L.P., f/k/a Dey
Pharma, L.P. The Order states that five of Mylan's patents related to its
Perforomist® Inhalation Solution are valid and enforceable. Further, the Order
states that Sunovion's Brovana® product infringes each of those patents.
Mylan previously announced a settlement agreement with Sunovion resolving the
litigation relating to Sunovion's Brovana® product. In May 2012, the U.S.
District Court for the Southern District of New York issued a Final Judgment
and Order stating that Sunovion has acknowledged that two Mylan patents
related to its Perforomist® Inhalation Solution are valid, enforceable and
infringed by Sunovion's Brovana® product.
As a result of the two Court Orders, all seven Mylan patents relating to
Perforomist® have been upheld as valid and enforceable and infringed by
Sunovion's Brovana® product.
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."
This press release includes statements that constitute "forward-looking
statements," including with regard to the settlement of the litigation. These
statements are made pursuant to the safe harbor provisions of the Private
Securities Litigation Reform Act of 1995. Because such statements inherently
involve risks and uncertainties, actual future results may differ materially
from those expressed or implied by such forward-looking statements. Factors
that could cause or contribute to such differences include, but are not
limited to: any legal or regulatory challenges to the settlement; strategies
by competitors or other third parties to delay or prevent product sales; risks
inherent in legal and regulatory processes; and the other risks detailed in
the company's periodic filings with the Securities and Exchange Commission.
The company undertakes no obligation to update these statements for revisions
or changes after the date of this release.
Mylan is a global pharmaceutical company committed to setting new standards in
health care. Working together around the world to provide 7 billion people
access to high quality medicine, we innovate to satisfy unmet needs; make
reliability and service excellence a habit; do what's right, not what's easy;
and impact the future through passionate global leadership. We offer a growing
portfolio of approximately 1,100 generic pharmaceuticals and several brand
medications. In addition, we offer a wide range of antiretroviral therapies,
upon which approximately 40% of HIV/AIDS patients in developing countries
depend. We also operate one of the largest active pharmaceutical ingredient
manufacturers and currently market products in approximately 140 countries and
territories. Our workforce of more than 20,000 people is dedicated to
improving the customer experience and increasing pharmaceutical access to
consumers around the world. But don't take our word for it. See for yourself.
See inside. mylan.com
SOURCE Mylan Inc.
Contact: Nina Devlin (Media), 724.514.1968, or Kris King (Investors),
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