The US District Court for the Southern District of New York has issued a Final Judgment and Order following a ruling by the Court of Appeals for the Federal Circuit in favour of Mylan Specialty L.P., f/k/a Dey Pharma, L.P. The Order states that five of Mylan's patents related to its Perforomist inhalation solution are valid and enforceable. Further, the Order states that Sunovion's Brovana product infringes each of those patents.

Mylan previously announced a settlement agreement with Sunovion resolving the litigation relating to Sunovion's Brovana product. In May 2012, the US District Court for the Southern District of New York issued a Final Judgment and Order stating that Sunovion has acknowledged that two Mylan patents related to its Perforomist inhalation solution are valid, enforceable and infringed by Sunovion's Brovana product.

As a result of the two Court Orders, all seven Mylan patents relating to Perforomist have been upheld as valid and enforceable and infringed by Sunovion's Brovana product.

Mylan CEO Heather Bresch commented, "We have always believed 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 are pleased to have prevailed in the appellate court and settled this litigation and that the Court's Order brings this matter to a close."