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Mylan loses $18 million patent infringement lawsuit

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Mylan Inc. on Friday, Feb. 10, announced that a jury rendered an unfavorable verdict in a patent infringement lawsuit filed by Sunovion Pharmaceuticals Inc., formerly known as Sepracor Inc., in the amount of $18 million.

Defendants in the suit were Mylan Inc., Mylan Pharmaceuticals Inc., Dey Inc. and Dey Pharma L.P. The suit dealt with Dey's Abbreviated New Drug Application (ANDA) for Levalbuterol Hydrochloride (HCl) Inhalation Solution, 0.31 mg/3 mL, 0.63 mg/3 mL, 1.25 mg/3 mL and 1.25 mg/0.5mL product. The trial was held in the United States District Court for the District of Delaware. Levalbuterol HCl is the generic version of Sunovion's Xopenex.

Mylan CEO Heather Bresch commented, "While this is not a significant product for Mylan, we firmly believe that the jury has erred and intend to seek reversal through post-trial motions and, if necessary, an appeal of the verdict and the damages award," Mylan CEO Heather Bresch said in a statement released after the verdict.

 

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