Mylan Wins Significant Summary Judgment Rulings in Kansas EpiPen® Class Action

Company Confident Evidence Regarding Only Remaining Claim Will Show Mylan's Actions Were Lawful and Pro-competitive

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Jun 23, 2021, 20:23 ET

PITTSBURGH, June 23, 2021 /PRNewswire/ -- Viatris (NASDAQ: VTRS) today announced that the U.S. District Court for the District of Kansas ruled, in substantial part, in Mylan's favor on the company's summary judgment motion in the class action related to EpiPen® Auto-Injector.

The company is pleased with the court's decision to dismiss all of the plaintiffs' claims under the federal RICO statute, which include claims asserted against Mylan's former CEO Heather Bresch. The court also dismissed claims alleging that Mylan foreclosed branded competition through rebate arrangements with pharmacy benefit managers.

The only remaining claim in this class action pertains to a patent settlement between Pfizer and Teva and other alleged actions regarding the launch of Teva's generic epinephrine auto-injector. Today's ruling was not a decision on the merits of that claim and did not resolve the claim in plaintiffs' favor. The court's decision does, however, vindicate the company's continued perseverance in defending itself against a series of claims over the past few years relating to EpiPen that have proven to be baseless, and provide the company with the opportunity to further defend itself vigorously in a trial currently scheduled to begin September 7, 2021. The company firmly believes that Mylan's conduct was lawful and pro-competitive, and that plaintiffs will have great difficulty proving damages resulting from Mylan's actions.

Today's ruling follows a December 2020 decision by the same court granting summary judgment in Mylan's favor in a separate lawsuit brought by Sanofi related to EpiPen in which the court also rejected all of Sanofi's claims that Mylan engaged in anticompetitive practices to market EpiPen.

About Viatris
Viatris Inc. (NASDAQ: VTRS) is a new kind of healthcare company, empowering people worldwide to live healthier at every stage of life. We provide access to medicines, advance sustainable operations, develop innovative solutions and leverage our collective expertise to connect more people to more products and services through our one-of-a-kind Global Healthcare Gateway^®. Formed in November 2020, Viatris brings together scientific, manufacturing and distribution expertise with proven regulatory, medical and commercial capabilities to deliver high-quality medicines to patients in more than 165 countries and territories. Viatris' portfolio comprises more than 1,400 approved molecules across a wide range of therapeutic areas, spanning both non-communicable and infectious diseases, including globally recognized brands, complex generic and branded medicines, a growing portfolio of biosimilars and a variety of over-the-counter consumer products. With a global workforce of approximately 45,000, Viatris is headquartered in the U.S., with global centers in Pittsburgh, Shanghai and Hyderabad, India. Learn more at viatris.com and investor.viatris.com, and connect with us on Twitter at @ViatrisInc, LinkedIn and YouTube.

Forward-Looking Statements
This press release includes statements that constitute "forward-looking statements." These statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Such forward looking statements may include statements about the Company's previously disclosed EpiPen® Auto-Injector class action; that the Company is confident evidence regarding the only remaining claim will show Mylan's actions were lawful and pro-competitive; that this ruling does vindicate the company's continued perseverance in defending itself against a series of claims over the past few years relating to EpiPen that have been proven to be baseless and provide the opportunity to further defend itself vigorously in a trial currently scheduled to begin September 7, 2021; that the company firmly believes that Mylan's conduct was lawful and pro-competitive, and that plaintiffs will have great difficulty proving damages resulting from Mylan's actions. Because forward-looking statements inherently involve risks and uncertainties, actual future results may differ materially from those expressed or implied by such statements. Factors that could cause or contribute to such differences include, but are not limited to: the scope, timing and outcome of these or any other ongoing legal proceedings and the impact of any such proceedings; the potential impact of public health outbreaks, epidemics and pandemics, including the ongoing challenges and uncertainties posed by the COVID-19 pandemic; the integration of Mylan N.V. and Pfizer Inc.'s Upjohn business (the "Upjohn Business"), which combined to form Viatris (the "Combination") and the implementation of our global restructuring initiatives being more difficult, time consuming or costly than expected, or being unsuccessful; the ability to achieve expected benefits, synergies and operating efficiencies in connection with the Combination or its restructuring initiatives within the expected timeframe or at all; actions and decisions of healthcare and pharmaceutical regulators; changes in healthcare and pharmaceutical laws and regulations in the U.S. and abroad; any regulatory, legal or other impediments to Viatris' ability to bring new products to market, including but not limited to "at-risk" launches; Viatris' or its partners' ability to develop, manufacture and commercialize products; the scope, timing and outcome of any ongoing legal proceedings and the impact of any such proceedings; any significant breach of data security or data privacy or disruptions to our information technology systems; risks associated with international operations, including our operations in China; the ability to protect intellectual property and preserve intellectual property rights; changes in third-party relationships; the effect of any changes in Viatris' or its partners' customer and supplier relationships and customer purchasing patterns; the impacts of competition; changes in the economic and financial conditions of Viatris or its partners; uncertainties and matters beyond the control of management; and the other risks Viatris' filings with the Securities and Exchange Commission. Viatris routinely uses its website at investor.viatris.com as a means of disclosing material information to the public in a broad, non-exclusionary manner for purposes of the SEC's Regulation Fair Disclosure (Reg FD). Viatris undertakes no obligation to update these statements for revisions or changes after the date of this release other than as required by law.

SOURCE Viatris Inc.