Business
Liquidia Corporation Provides Update on Litigation Filed by United Therapeutics
New litigation filed against Liquidia in U.S. District Court for the Middle District of North Carolina alleges infringement of UTHR’s ‘782 patent and seeks to
About this update from Liquidia Corporation
[{"type":"text","content":"New litigation filed against Liquidia in U.S. District Court for the Middle District of North Carolina alleges infringement of UTHR’s ‘782 patent and seeks to enjoin Liquidia from commercializing YUTREPIA‘782 patent claims same general subject matter as UTHR’s invalidated ‘793 patentDoes not impact FDA’s ability to take final action on NDA for YUTREPIA on PDUFA goal date of May 24, 2025 MORRISVILLE, N.C., May 12, 2025 (GLOBE NEWSWIRE) -- Liquidia Corporation (NASDAQ: LQDA), a biopharmaceutical company developing innovative therapies for patients with rare cardiopulmonary disease, today announced that United Therapeutics Corporation (UTHR) filed a complaint on May 9, 2025, in the U.S. District Court for the Middle District of North Carolina (Case No. 1:25-cv-00368) against Liquidia alleging infringement of U.S. Patent No. 11,357,782 (the ‘782 patent). Additionally, the complaint seeks to enjoin Liquidia from commercializing YUTREPIA™ (treprostinil) inhalation powder if approved by the U.S. Food and Drug Administration (FDA) to treat pulmonary arterial hypertension (PAH) and pulmonary hypertension associated with interstitial lung disease (PH-ILD). Dr. Roger Jeffs, CEO, Liquidia said: “We are not surprised by UTHR’s repeated, last-minute attempts to deny PAH and PH-ILD patients access to an alternative therapy. We have invalidated similar claims covering the treatment of pulmonary hypertension patients with inhaled treprostinil in the past and will continue to defend the rights of patients suffering with these critical illnesses to choose the therapy that works best for them.” The ‘782 patent, which issued on June 14, 2022, arises out of the same patent family as U.S. Patent No. 10,716,793 (the ‘793 patent) and claims the same general method of administering inhaled treprostinil to pulmonary hypertension patients. As disclosed in July 2022, the ‘793 patent was held to be invalid in a proceeding before the Patent Trial and Appeal Board (PTAB). The PTAB’s decision was affirmed by the U.S. Court of Appeals for the Federal Circuit in December 2023. The United States Supreme Court rejected UTHR’s petition for a writ of certiorari, thereby upholding PTAB’s decision which found that all claims of the ‘793 patent are unpatentable due to prior art as final and not subject to further appeal. UTHR is currently not seeking any injunction agai...