Drug Industry Daily
July 10, 2013
Mylan scored a big victory Monday when a federal court upheld five patents related to Perforomist, effectively ending a long patent dispute with Japanese drugmaker Sunovion.
The Court of Appeals for the Federal Circuit ruled that five of Mylan’s patents for Perforomist (nebulized formoterol fumarate) are valid and enforceable, overturning a March decision by a New York federal court, according to Mylan.
The ruling also notes that the five patents for the chronic obstructive pulmonary disease treatment were infringed by Sunovion’s Brovana (arformoterol tartrate).
In May 2012, Mylan reached an undisclosed settlement with Sunovion, which acknowledged that Brovana infringed on two additional Mylan patents that don’t expire until June 22, 2021.
Perforomist remains an integral part of Mylan’s business. The company said in its 2013 first quarter financial report that Perforomist sales increased by double digits from last year’s first quarter due to “favorable pricing and volume.”
Sunovion did not return a request for comment as of press time.
Mylan scored a big victory Monday when a federal court upheld five patents related to Perforomist, effectively ending a long patent dispute with Japanese drugmaker Sunovion.
The Court of Appeals for the Federal Circuit ruled that five of Mylan’s patents for Perforomist (nebulized formoterol fumarate) are valid and enforceable, overturning a March decision by a New York federal court, according to Mylan.
The ruling also notes that the five patents for the chronic obstructive pulmonary disease treatment were infringed by Sunovion’s Brovana (arformoterol tartrate).
In May 2012, Mylan reached an undisclosed settlement with Sunovion, which acknowledged that Brovana infringed on two additional Mylan patents that don’t expire until June 22, 2021.
Perforomist remains an integral part of Mylan’s business. The company said in its 2013 first quarter financial report that Perforomist sales increased by double digits from last year’s first quarter due to “favorable pricing and volume.”
Sunovion did not return a request for comment as of press time.