Federal Appellate Court Rules in Favor of Mylan in Patent Infringement Litigation Relating to Sunovion's Brovana® Product

May 21, 2013, 07:30 ET from Mylan Inc.

PITTSBURGH, May 21, 2013 /PRNewswire/ -- Mylan Inc. (Nasdaq: MYL) today announced that the Court of Appeals for the Federal Circuit has ruled in favor of Mylan Specialty L.P., f/k/a Dey Pharma, L.P. and 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.

Mylan CEO Heather Bresch commented, "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." 

This press release includes statements that constitute "forward-looking statements," including with regard to the settlement of the litigation. These statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Because such statements inherently involve risks and uncertainties, actual future results may differ materially from those expressed or implied by such forward-looking statements. Factors that could cause or contribute to such differences include, but are not limited to: any legal or regulatory challenges to the settlement; strategies by competitors or other third parties to delay or prevent product sales; risks inherent in legal and regulatory processes; and the other risks detailed in the company's periodic filings with the Securities and Exchange Commission. The company undertakes no obligation to update these statements for revisions or changes after the date of this release.

Mylan is a global pharmaceutical company committed to setting new standards in health care. Working together around the world to provide 7 billion people access to high quality medicine, we innovate to satisfy unmet needs; make reliability and service excellence a habit; do what's right, not what's easy; and impact the future through passionate global leadership. We offer a growing portfolio of approximately 1,100 generic pharmaceuticals and several brand medications. In addition, we offer a wide range of antiretroviral therapies, upon which approximately 40% of HIV/AIDS patients in developing countries depend. We also operate one of the largest active pharmaceutical ingredient manufacturers and currently market products in approximately 140 countries and territories. Our workforce of more than 20,000 people is dedicated to improving the customer experience and increasing pharmaceutical access to consumers around the world. But don't take our word for it. See for yourself. See inside. mylan.com

SOURCE Mylan Inc.