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Mylan settles with Sunovion over generic asthma, COPD drug


PITTSBURGH — A unit of generic drug maker Mylan has settled with Sunovion Pharmaceuticals over a drug used to treat chronic obstructive pulmonary disease and asthma.

Mylan announced Tuesday that it had reached a settlement in a patent litigation suit that Sunovion, which used to operate under the name Sepracor, had filed against Dey Pharma, now known as Mylan Specialty, concerning the drug Xopenex (levalbuterol hydrochloride).

Under the agreement, Mylan can continue to sell a concentrate version of the drug in the 1.25-mg/0.5 mL strength and will have a royalty-bearing license to sell the nonconcentrate version in the 0.31 mg/3 mL, 0.63 mg/3 mL and 1.25 mg/3 mL strengths once they receive approval from the Food and Drug Administration. The settlement also releases Mylan from having to pay the $18 million in damages that a grand jury had required it to pay to Sunovion.

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