Dey Didn't Infringe Asthma Drug Patent, Fed. Circ. Rules

Law360, New York (April 16, 2012, 5:57 PM EDT) -- The Federal Circuit on Monday found in favor of generics maker Mylan Inc.'s Dey Pharma LP unit, upholding a lower court's judgment that it did not infringe a Sunovion Pharmaceuticals Inc. patent for an asthma medication called Xopenex.

The appeals court ruling keeps in place a district court's approval of a judgment that Dey's attempts to make generic Xopenex did not infringe Sunovion's U.S. Patent Number 6,451,289. Though the parties stipulated to that noninfringement judgment, Sunovion challenged the ruling, saying the district court should have dismissed...
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