Mylan Inc. has announced that the Court of Appeals for the Federal Circuit has ruled in favour of Mylan Specialty LP, f/k/a Dey Pharma, LP. It has reversed the District Court's decision invalidating five of Mylan’s patents related to Perforomist.
The Court’s reversal of the summary judgment decision reinstates Mylan Specialty’s patents as valid and enforceable. Mylan previously announced a settlement agreement with Sunovion resolving the litigation relating to Sunovion’s Brovana product, pending the outcome of the Federal Circuit appeal.
“We are pleased with the Court’s decision as it confirms our original belief in the strength and validity of the intellectual property protecting Perforomist, as well as our combination product for the treatment of chronic obstructive pulmonary disease (COPD), currently in development. We believe this decision by the Court only further supports the strength of our Specialty franchise, said Heather Bresch, CEO, Mylan.