Mylan (MYL) Gets Unfavorable Ruling in Generic Xopenex Trial, Will Challenge

February 13, 2012 7:41 AM EST Send to a Friend
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Mylan Inc. (Nasdaq: MYL) announced that a jury has rendered an unfavorable verdict in a patent infringement lawsuit filed by Sunovion Pharmaceuticals Inc., f/k/a Sepracor Inc., against Mylan Inc., Mylan Pharmaceuticals Inc., Dey Inc. and Dey Pharma, L.P. in relation to 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.

The verdict includes an award of $18 million.

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."


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