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AstraZeneca Win Over Mylan’s Symbicort Copycat Upset on Appeal

Dec. 8, 2021, 8:06 PM

Mylan Pharmaceuticals Inc. convinced the Federal Circuit that a ruling it infringed AstraZeneca‘s patents on the Symbicort asthma inhaler was based on an improper reading of the patent language.

Mylan, now part of Viatris Inc., and Kindeva Drug Delivery LP conceded to infringement after the U.S. District Court for the Northern District of West Virginia interpreted the concentration of an inactive ingredient called for in the patents.

The U.S. Court of Appeals for the Federal Circuit vacated the infringement ruling, finding Mylan’s narrower reading of the claimed amount of the ingredient “most naturally aligns with the patent’s description of ...

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