Court rules two patent claims valid against Liquidia in UTHR lawsuit
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A U.S. District Court in Delaware ruled that Liquidia Corporation (NASDAQ: LQDA) infringed two of six claims asserted against it by United Therapeutics Corporation (NASDAQ: UTHR) related to U.S. Patent No. 11,826,327, according to a statement from Liquidia.
The court found claims 1 and 14 of the '327 patent valid and infringed by Liquidia. Those claims broadly cover the treatment of pulmonary hypertension with interstitial lung disease (PH-ILD) using inhaled treprostinil, including dry powder formulations. The remaining four claims asserted against Liquidia were found invalid.
The parties have been directed to submit a proposed form of judgment, including proposed remedies, to the court within one week. United Therapeutics has sought injunctive relief in post-trial briefs that could restrict the availability of Liquidia's product, YUTREPIA (treprostinil) inhalation powder, on the market.
Liquidia CEO Roger Jeffs said the company disagrees with the ruling on claims 1 and 14 and plans to pursue appellate options. "As previously communicated to the Court, we intend to submit a supplement to YUTREPIA's New Drug Application to the FDA to remove PH-ILD from the label," Jeffs said.
Liquidia stated it cannot reasonably estimate the range of potential outcomes or financial exposure at this time, citing variables including potential appeals and further proceedings. Potential remedies could range from removal of the PH-ILD indication from YUTREPIA's label to broader restrictions on product availability.
YUTREPIA was approved in 2025 for the treatment of pulmonary arterial hypertension (PAH) and PH-ILD. The litigation was filed by United Therapeutics under the Hatch-Waxman Act.
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