Sunovion’s Brovana Infringed Mylan Patents, Judge Rules

(Corrects third paragraph of story published July 5 to remove reference to injunction against Sunovion.)

Sunovion Pharmaceuticals Inc.’s bronchitis and emphysema drug Brovana infringed Mylan Inc. (MYL)’s patents, a judge ruled.

Sunovion also agreed not to raise any claims about the validity and enforceability of Mylan’s patents, U.S. District Judge John Koeltl said in an order dated July 1 in New York.

“The making, using, offering to sell and selling of Brovana has infringed” five Mylan patents, Koeltl said.

A unit of Canonsburg, Pennsylvania-based Mylan sued Sunovion’s predecessor company in 2007 to block the introduction of Brovana, which Mylan said infringed patents for a spray to open bronchial passages.

Sunovion, based in Marlborough, Massachusetts, is a unit of Osaka, Japan-based Dainippon Sumitomo Pharma Co.

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 at mhytha@bloomberg.net

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