The US Patent and Trademark Office (USPTO) has issued re-examination certificates for two patents related to Perforomist (Formoterol Fumarate) inhalation solution 20 mcg/2mL vial of Dey Pharma LP, a subsidiary of Mylan Inc. With this step by USTPO, the validity of these patents were now confirmed. Sepracor, now known as Sunovion Pharmaceuticals, requested the Patent and Trade mark Office to re-examine these patents some time back.

Mylan chairman and CEO Robert J Coury said that they are happy with the successful re-examination of these patents by USPTO as it strengthens their confidence in the intellectual property protecting Perforomist product and the combination product currently in development.

Dey owns five other relevant patents, giving it a total of seven US patents which it believes are infringed by Sunovion's Brovana product. In addition, Dey believes that Teva's Formotorol Fumarate product, which is the subject of an Abbreviated New Drug Application (ANDA) pending before the US FDA, infringes several of Dey's US patents. Mylan intends to vigorously defend its intellectual property in the pending patent litigations against Sunovion and Teva. The terms of the patents protecting Perforomist extend into 2021.