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Patent Trial and Appeal Board (PTAB) Reaffirms Decision to Invalidate All Claims of United Therapeutics (UTHR) Patent No. 10,716,793 (‘793 Patent)
PTAB rejects UTHR’s request for rehearing of its decision in the inter partes review of the ‘793 Patent (‘793 IPR)PTAB clarified grounds upon which it based
About this update from Liquidia Corporation
[{"type":"text","content":"PTAB rejects UTHR’s request for rehearing of its decision in the inter partes review of the ‘793 Patent (‘793 IPR)PTAB clarified grounds upon which it based its finding that the cited publications, which invalidated the claims, constituted prior artCompany reaffirms expectation of legal resolution in late 2023 or the first half of 2024 MORRISVILLE, N.C., Feb. 02, 2023 (GLOBE NEWSWIRE) -- Liquidia Corporation (NASDAQ: LQDA) (Liquidia or the Company) announced that the PTAB has reaffirmed its original decision in the ‘793 IPR, which found all claims of the ‘793 patent to be unpatentable due to the existence of known prior art cited by Liquidia. In denying UTHR’s request for a rehearing and for a reconsideration of the PTAB’s decision in the ‘793 IPR, the PTAB clarified that the publications cited by Liquidia constituted prior art due to public distribution at large medical conferences more than a year before the filing of the initial patent application that led to the issuance of the ‘793 patent. Roger Jeffs, Chief Executive Officer of Liquidia, stated: “We are pleased that the PTAB has confirmed its earlier determination that all claims of the ‘793 patent are invalid. Our focus remains to bring YUTREPIA™ (treprostinil) inhalation powder as a differentiated treatment choice to patients and their providers. This decision takes us one important step closer to that goal as the countdown towards final resolution of the litigation, and potential full approval of YUTREPIA, has now begun. Depending on the outcome of the appeals, the scheduling of oral arguments and the possibility of summary affirmance, we remain confident that we will reach final legal resolution in late 2023 or the first half of 2024.” Based on earlier statements, UTHR is expected to file an appeal of the PTAB decision to the U.S. Court of Appeals for the Federal Circuit. The deadline for UTHR’s appeal is 63 days from the date on which UTHR’s rehearing request was denied. If the PTAB’s decision on the ‘793 IPR is affirmed on appeal, then the ‘793 patent will be cancelled, overriding any finding of infringement in the lawsuit filed by UTHR against Liquidia under the Drug Price Competition and Patent Term Restoration Act (Hatch-Waxman Act) in the U.S. District Court for the District of Delaware. About YUTREPIA™ (treprostinil) inhalation powderYUTREPIA is an investigation...