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Liquidia announces PTAB backs decision to invalidate United Therapeutics claims
The Fly

Liquidia announces PTAB backs decision to invalidate United Therapeutics claims

Liquidia (LQDA) 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 United Therapeutics’ (UTHR) 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. 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 in the U.S. District Court for the District of Delaware.

Published first on TheFly

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