Dey, L.P. v. Sunovion Pharmaceuticals, Inc., No. 12-1428 (Fed. Cir. May 20, 2013)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

During the late 1990s and 2000s, Sunovion Pharm a- ceuticals, Inc., and the Dey plaintiffs (Dey, L.P.; Dey, Inc.; and Mylan, Inc.) were simultaneously developing pha r- maceutical products to treat lung disease. Sunovion filed a patent application, followed by an application to test its products in human subjects. It then received a patent and held clinical trials, all before ultimately releasing a commercial product.