Liquidia says court found two of six YUTREPIA patent claims infringed

  • Liquidia said a Delaware court found two YUTREPIA patent claims valid and infringed.
  • Claims 1 and 14 of Patent No. 11,826,327 were upheld against Liquidia.
  • The court found the remaining asserted claims invalid and ordered proposed judgments within one week.

A U.S. District Court for the District of Delaware ruled that claims 1 and 14 of United Therapeutics’ U.S. Patent No. 11,826,327 are valid and infringed by Liquidia’s YUTREPIA inhalation powder. The claims cover treating pulmonary hypertension associated with interstitial lung disease, including dry-powder formulations of inhaled treprostinil. The court found the remaining asserted claims invalid and ordered the parties to submit proposed judgments and remedies within one week. Liquidia Chief Executive Officer Roger Jeffs said the company disagrees with the ruling and plans to pursue available appeals. Liquidia also intends to submit a supplement to YUTREPIA’s New Drug Application to the FDA (U.S. drug regulator) removing PH-ILD from the label. Potential remedies range from removing that indication to broader restrictions on YUTREPIA’s availability, while United Therapeutics has requested injunctive relief restricting market access. The company said the potential outcome and financial exposure cannot yet be reasonably estimated because of possible appeals and further proceedings.

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