Mylan Announces U.S. PTO Intends to Reissue Two Perforomist Patents to Dey Pharma

Dey Pharma L.P., a subsidiary of Mylan Inc. MYL, today announced that the U.S. Patent and Trademark Office intends to reissue both of the patents related to Perforomist® (formoterol fumarate) Inhalation Solution 20 mcg/2mL vial that had been placed into reexamination by Sepracor, now known as Sunovion Pharmaceuticals. Including the two expected reissued patents, Dey believes that seven U.S. patents are infringed by Sunovion's Brovana® product. In addition, Dey believes that Teva's formotorol fumarate product pending before the FDA also infringes several of Dey's U.S. patents. The terms of the patents protecting Perforomist® extend into 2021.