The US Patent and Trademark Office (USPTO) is planning to reissue both the patents for Perforomist (formoterol fumarate) Inhalation Solution 20mcg/2ml vial to Dey Pharma, a subsidiary of Mylan.
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Earlier, Perforomist (formoterol fumarate) Inhalation Solution 20mcg/2ml vial was under revaluation by Sepracor, now known as Sunovion Pharmaceuticals.
According to Dey Pharma, the two intended reissued patents and seven other patents are infringed by Sunovion’s Brovana product.
Dey Pharma also said Teva’s formotorol fumarate product pending before the FDA also infringes several of Dey’s US patents.
Mylan chairman and CEO Robert Coury said they look forward to continuing to assert their IP related to these products in the pending patent litigations against Sunovion and Teva.
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