U.S. District Court Issues Final Judgment in Favor of Mylan Inc. in Patent Infringement Litigation Against Sunovion Pharmaceuticals Inc.'s Brovana&#0174 Product

Published: Jul 08, 2013

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PITTSBURGH, July 8, 2013 /PRNewswire/ -- Mylan Inc. (Nasdaq: MYL) today announced that the U.S. 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 favor 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 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 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."

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.

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