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Mylan Intends to Challenge Unfavorable Verdict in Patent Trial Related to Mylan’s Generic Version of Sunovion’s Xopenex® Inhalation Solution

Saturday, February 11, 2012

Pittsburgh, PA -- Mylan Inc. (Nasdaq: MYL) today announced that a jury has rendered an unfavorable verdict in a patent infringement lawsuit filed by Sunovion Pharmaceuticals Inc., f/k/a Sepracor Inc., against Mylan Inc., Mylan Pharmaceuticals Inc., Dey Inc. and Dey Pharma, L.P. in relation to Dey's Abbreviated New Drug Application (ANDA) for Levalbuterol Hydrochloride (HCl) Inhalation Solution, 0.31 mg/3 mL, 0.63 mg/3 mL, 1.25 mg/3 mL and 1.25 mg/0.5mL product. The trial was held in the United States District Court for the District of Delaware. Levalbuterol HCl is the generic version of Sunovion's Xopenex®. The verdict includes an award of $18 million.

Mylan CEO Heather Bresch commented, "While this is not a significant product for Mylan, we firmly believe that the jury has erred and intend to seek reversal through post-trial motions and, if necessary, an appeal of the verdict and the damages award."

About Mylan

Mylan Inc. ranks among the leading generic and specialty pharmaceutical companies in the world and provides products to customers in more than 150 countries and territories. The company maintains one of the industry's broadest and highest quality product portfolios supported by a robust product pipeline; operates one of the world's largest active pharmaceutical ingredient manufacturers; and runs a specialty business focused on respiratory, allergy and psychiatric therapies. For more information about Mylan, please visit

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