Sumitomo’s Sunovion Unit Wins $18 Million in Mylan Patent Trial

Sumitomo Chemical Co. (4005)’s Sunovion Pharmaceuticals Inc. won an $18 million patent-infringement verdict in federal court in Delaware from Mylan Inc. (MYL) and its Dey Pharma unit over technology for asthma-treatment inhalers.

The jury decided today after a two-week trial that Dey induced and contributed to infringement of a series of patents for inhaler solutions, according to court electronic documents.

Jurors also ruled that the infringement was intentional, which may allow U.S. District Judge Leonard Stark to triple the damages.

Sunovion, based in Marlborough, Massachusetts, sued in 2006, alleging its rival planned to market its copies without authorization, while the patents remained enforceable. Sumitomo is based in Tokyo.

“We firmly believe that the jury has erred and intend to seek reversal through post-trial motions and, if necessary, an appeal of the verdict and the damages award,” Mylan Chief Executive Officer Heather Bresch said in a statement.

Patricia Moriarty, a spokeswoman for Sunovion, didn’t immediately return a call for comment.

The case is Sunovion v. Dey and Mylan, 06CV113, U.S. District Court, District of Delaware (Wilmington).

To contact the reporters on this story: Phil Milford in Wilmington, Delaware, at; Steven Church in Wilmington, Delaware, at

To contact the editor responsible for this story: Michael Hytha at

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