Aug 4 2011
Dey Pharma L.P., a subsidiary of Mylan Inc. (Nasdaq: MYL), today announced that the U.S. Patent and Trademark Office intends to reissue both of the patents related to Perforomist® (formoterol fumarate) Inhalation Solution 20 mcg/2mL vial that had been placed into reexamination by Sepracor, now known as Sunovion Pharmaceuticals. Including the two expected reissued patents, Dey believes that seven U.S. patents are infringed by Sunovion's Brovana® product. In addition, Dey believes that Teva's formotorol fumarate product pending before the FDA also infringes several of Dey's U.S. patents. The terms of the patents protecting Perforomist® extend into 2021.
Mylan Chairman and CEO Robert J. Coury commented: "We are very pleased with today's decision by the U.S. PTO in relation to intellectual property protecting Perforomist®, as well as our combination product for the treatment of Chronic Obstructive Pulmonary Disease (COPD), currently in development. We look forward to continuing to assert our very strong IP related to these products in the pending patent litigations against Sunovion and Teva. Today's developments further strengthen the potential of the Dey franchise and its portfolio of products."