Fed. Circ. Revives 5 Mylan Drug Patents In Sunovion Row

Law360, New York (May 20, 2013, 6:22 PM EDT) -- The Federal Circuit on Monday threw out a ruling that five Mylan Inc. patents covering treatments for chronic pulmonary obstructive disease were invalid, reviving claims that Sunovion Pharmaceuticals Inc.'s drug Brovana infringed the patents.

The appellate ruling reversed a New York federal judge's finding last year that the five patents were invalid because Sunovion had conducted clinical trials on Brovana prior to Mylan's applications. The judge said at the time that the trials constituted “public use” of the invention, which precludes patentability.

On Monday, the panel...
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