Mylan Pushes Fed. Circ. To Revive 5 COPD Drug Patents

Law360, Washington (February 4, 2013, 6:37 PM EST) -- Mylan Inc. and Sunovion Pharmaceuticals Inc. accused each other of "gaming the system" during Federal Circuit oral arguments on Monday as Mylan claimed five of its patents covering the chronic obstructive pulmonary disease drug Brovana are still valid despite a Sunovion clinical trial prior to its patent applications.

Although a New York federal judge invalidated the family of patents because the public was already using the Brovana drug formulation before Mylan applied for the patents-in-suit, the company maintained that Sunovion hadn't divulged several key elements of...
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