Mylan Brovana Patent Trial Against Sunovion Set for May 21

Mylan Inc.’s patent infringement trial against Sunovion Pharmaceuticals Inc. over the bronchitis and emphysema drug Brovana was set for May 21.

U.S. District Judge John Koeltl set the date today at a hearing in Manhattan, saying he would also refer the case to a magistrate judge for settlement talks. On March 1, Koeltl invalidated five of the seven patents Canonsburg, Pennsylvania-based Mylan said were infringed and limited damages that could be assessed on the other two.

“My client’s willing to discuss settlement,” Joseph O’Malley, a lawyer for Sunovion, told the judge today.

Mylan’s Dey unit sued Sunovion’s predecessor company in 2007 to block the introduction of Brovana, which Dey said infringed a patent for a spray to open bronchial passages. Other patents were later added to the suit. Brovana, which uses a variant of the compound formoterol, treats the condition formally known as chronic obstructive pulmonary disease.

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

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

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