Liquidia loses on two patent claims as court remedies remain undecided

A Delaware federal court found two claims of US patent 11,826,327, held by United Therapeutics ($UTHR), valid and infringed in its litigation against Liquidia ($LQDA). Four other asserted claims were held invalid. The patent concerns inhaled treprostinil treatment for pulmonary hypertension associated with interstitial lung disease, an indication included in Liquidia’s YUTREPIA labeling.

The parties have one week to submit proposed judgments and remedies for the court’s consideration. Liquidia is considering an appeal and intends to seek an FDA label change removing the disputed indication. The ruling creates material commercial uncertainty for Liquidia and strengthens United Therapeutics’ position in this dispute, but it should not be described as an already imposed injunction or product withdrawal. The eventual remedy and the regulatory handling of a label amendment remain unresolved, as does their financial effect.

Sources:

• Company release via GlobeNewswire