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Mylan says USPTO intends to reissue two Perforomist patents to Dey Pharma.

M2 PHARMA-August 3, 2011-Mylan says USPTO intends to reissue two Perforomist patents to Dey Pharma(C)2011 M2 COMMUNICATIONS

3 August 2011 - Dey Pharma L.P., a subsidiary of US Mylan Inc (NASDAQ: MYL), said on Tuesday that the US Patent and Trademark Office (USPTO) intends to reissue both of the patents related to Perforomist (formoterol fumarate) Inhalation Solution 20 mcg/2mL vial that had been placed into reexamination by Sepracor, now known as Sunovion Pharmaceuticals, part of Japan's Dainippon Sumitomo Pharma Co Ltd (TYO: 4506).

Including the two expected reissued patents, Dey believes that seven US patents are infringed by Sunovion's Brovana product.

In addition, Dey believes that Israeli Teva's (TLV: TEVA) formotorol fumarate product pending before the FDA also infringes several of Dey's US patents. The terms of the patents protecting Perforomist extend into 2021.

Mylan is very pleased with Tuesday's decision by the USPTO in relation to intellectual property protecting Perforomist, as well as the company's combination product for the treatment of Chronic Obstructive Pulmonary Disease (COPD), currently in development, said Mylan chairman and CEO Robert Coury.

The company looks forward to continuing to assert its strong IP related to these products in the pending patent litigations against Sunovion and Teva, added Coury.

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Date:Aug 3, 2011
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