Dey Pharma, a subsidiary of Mylan Inc. announced that the US Patent and Trademark Office (USPTO) intends to reissue both of the patents related to Perforomist (formoterol fumarate) Inhalation Solution 20 mcg/2mL vial that had been placed into re-examination by Sepracor, now known as Sunovion Pharmaceuticals. Including the two expected reissued patents, Dey believes that seven US 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 US patents. The terms of the patents protecting Perforomist extend into 2021.

Robert J Coury, chairman and CEO, Mylan commented: “We are very pleased with today's decision by the USPTO 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.”

Dey Pharma, a subsidiary of Mylan Inc. is a specialty pharmaceutical company focused on the development, manufacturing and marketing of prescription drug products for the treatment of respiratory diseases, severe allergic reactions and psychiatric disorders.

Mylan Inc., a specialty pharmaceutical company focused on respiratory, allergy and psychiatric therapies.