Dey L.P. issued new U.S. patents for Perforomist inhalation solution



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Mylan Inc. has announced that its subsidiary Dey L.P. has been issued several additional U.S. patents protecting the company’s Perforomist(R) Inhalation Solution, a chronic obstructive pulmonary disease (COPD) treatment.

U.S. Patent No. 7,462,645 was issued Dec. 9, 2008, and is directed to treatment through the administration of a ready-to-use, storage stable composition of formoterol. This patent covers Dey’s Perforomist(R) Solution, and its term extends until June 22, 2021. The patent will be listed in the “Orange Book,” giving Dey four Orange Book-listed patents covering Perforomist Solution.

U.S. Patent Nos. 7,465,756 and 7,473,710 were issued Dec. 16, 2008, and Jan. 6, 2009, respectively. These patents are directed to compositions of “R-formoterol,” a specific form of the formoterol molecule, and their use.

In addition, Dey has received a “Notice of Allowance” on yet another patent also directed to the use of R-formoterol. This patent is expected to issue shortly. Upon its issuance, Dey will possess seven patents directed to compositions of formoterol, R-formoterol and/or their uses.

Mylan’s Vice Chairman and CEO Robert J. Coury stated: “We are very pleased with the recent issuance of these additional patents, which we believe only further bolster Dey’s already strong intellectual property portfolio, and we will continue to aggressively protect and assert Dey’s IP rights. Dey is currently pursuing a patent infringement lawsuit against Sepracor relating to its Brovana(R) product.”

Dey also has additional pending U.S. patent applications directed to formoterol-containing compositions and their use in the treatment of respiratory conditions.

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