Mylan Inc. Announces Settlement Agreement in Patent Infringement Litigation Relating to Sunovion’s Brovana(R) Product

PITTSBURGH, May 24, 2012 /PRNewswire/ -- Mylan Inc. (Nasdaq: MYL) today announced that Mylan Specialty L.P., f/k/a Dey Pharma, L.P., has entered into an agreement with Sunovion Pharmaceuticals Inc., f/k/a Sepracor Inc., to resolve the parties’ patent litigation relating to Sunovion’s Brovana® product.

The U.S. District Court for the Southern District of New York‘s Final Judgment and Order notes that the parties have entered into a settlement and license agreement and that Sunovion has acknowledged that two Mylan patents are valid, enforceable and infringed by Sunovion’s Brovana® product. These patents expire on June 22, 2021. The terms of the parties’ agreement are confidential.

Mylan CEO Heather Bresch commented, “We are pleased with this settlement and remain confident in 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 settlement and judgment by the Court further strengthen the potential of our Specialty franchise and its portfolio of products.”

Mylan intends to appeal the judgment concerning other Mylan patents that were litigated.

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 a habit, do what’s right, not what’s easy and impact the future through passionate global leadership. We offer a growing portfolio of more than 1,100 generic pharmaceuticals and several brand medications. In addition, we offer a wide range of antiretroviral therapies, upon which approximately one-third 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 150 countries and territories. Our workforce of more than 18,000 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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