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PITTSBURGH — Mylan Inc. said a federal appeals court has upheld patents for its Perforomist inhalation solution.
The company reported Monday that the U.S. District Court for the Southern District of New York has issued a final judgment and order after a ruling by the Court of Appeals for the Federal Circuit in favor of Mylan Specialty L.P., formerly Dey Pharma L.P.
The order stated that five of Mylan’s patents related to its Perforomist (formoterol) inhalation solution are valid and enforceable and that Sunovion’s Brovana (arformoterol) product infringes on each of those patents, according to Mylan.
A long-acting bronchodilator, Perforomist is indicated for the maintenance treatment of chronic obstructive pulmonary disease (COPD), including chronic bronchitis and emphysema.
Mylan said it previously announced a settlement agreement with Sunovion resolving the litigation relating to Brovana. In May 2012, the U.S. 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 Perforomist inhalation solution are valid, enforceable and infringed by Brovana.
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 Brovana, Mylan said.
"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, currently in development," Mylan chief executive officer Heather Bresch said in a statement. "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."
