Mylan Must Shell Out $18M To Sunovion In Xopenex Patent Suit

Law360, New York (February 10, 2012, 10:18 PM EST) -- A Delaware federal jury on Friday awarded $18 million to Sunovion Pharmaceuticals Inc., finding that Mylan Pharmaceuticals Inc. had willfully infringed five patents when it manufactured and sold a generic version of Sunovion's asthma inhalation solution Xopenex.

After a two-week trial, the jury rejected Mylan's contention that the Sunovion patents were invalid. It awarded Sunovion $17 million in lost profits stemming from Mylan's sales of generic Xopenex, known as levalbuterol hydrochloride, and awarded $1 million in royalties.

"While this is not a significant product for Mylan,...
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