Mylan fails lawsuit
February 13, 2012
A US Court has handed down a
US18m patent-infringement finding
against Mylan Inc’s Dey Pharma
unit in relation to its generic
version of Sunovion
Pharmaceuticals’ asthmatreatment
Xopenex.
In addition to finding Mylan
guilty of infringing Sunovion’s
patent, the jury also found that the
pharmaceutical company’s
infringement was intentional, a
result which could allow the court
to triple the damages awarded to
Sunovion to as much as US$54m.
In a statement addressing the
case, Mylan called the decision
“unfavourable” and said the
company would press-on in the
courts, with the aim of getting the
decision reversed.
“While this is not a significant
product for Mylan, we firmly
believe that the jury has erred, and
we intend to seek reversal through
post-trial motions and, if
necessary, an appeal of the verdict
and the damages award,” said
company CEO Heather Bresch.
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