US Federal Circuit Breathes Life Into Viatris Symbicort Challenge

Company’s Stipulated Judgment Of Infringement Is Vacated And Remanded

Viatris may be able to move earlier than anticipated with its Breyna proposed generic version of Symbicort, after the US Court of Appeals for the Federal Circuit found that a lower court had misinterpreted claims of Symbicort patents for which Viatris has stipulated to infringement.

Breathe spelt out in wooden blocks
The Federal Circuit has vacated the stipulated judgment of infringement • Source: Alamy

Viatris’Mylan Pharmaceuticals Inc. is to set for another chance to avoid a judgment of infringement that is currently blocking a path to market for the firm’s proposed generic version of AstraZeneca’s blockbuster Symbicort (budesonide/formoterol fumarate dihydrate) pressurized metered dose inhaler.

In a 2-1 split decision, the US Court of Appeals for the Federal Circuit has vacated Viatris’ earlier stipulated judgment of infringement entered at the district court level after ruling that

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