Dainippon Sumitomo Unit Wins Mylan Ruling On Five of Seven Brovana Patents

Dainippon Sumitomo Pharma Co.’s Sunovion Pharmaceuticals (SEPR) unit won a court ruling invalidating five of seven Mylan Inc. (MYL) patents related to a compound used in the bronchitis and emphysema drug Brovana.

U.S. District Judge John Koeltl in Manhattan also limited any damages that might be assessed on the two remaining patents, according to a filing. He granted Marlborough, Massachusetts- based Sunovion’s motion for partial summary judgment.

Koeltl said in yesterday’s ruling that the two patents had “substantially changed” during a review by the U.S. Patent and Trademark Office, and so Canonsburg, Pennsylvania-based Mylan is barred from collecting damages related to sales before October 2011.

Mylan’s Dey unit sued Sunovion’s predecessor company, Sepracor, in 2007 in an attempt to block the introduction of Brovana, which Dey said infringed its patent for a spray to open bronchial passages. Dey was owned by Merck KGaA (MRK) at the time the suit was filed.

The patents are related to the compound formoterol. Brovana’s active ingredient is a variation of formoterol.

The case is Dey v. Sepracor, 07-cv-02353, U.S. District Court, Southern District of New York (Manhattan).

To contact the reporter on this story: Don Jeffrey in New York at djeffrey1@bloomberg.net.

To contact the editor responsible for this story: Michael Hytha in San Francisco at ‘ mhytha @bloomberg.net

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