Liquidia says Court of Appeals affirms PTAB decision to invalidate patent

Liquidia Corporation (LQDA) announced that the U.S. Court of Appeals for the Federal Circuit affirmed the earlier decision by the Patent Trial and Appeal Board, or PTAB, which found all claims of U.S. Patent No. 10,716,793 – ‘793 Patent – to be unpatentable due to the existence of prior art cited by Liquidia in inter partes review roceedings. As a result of today’s decision, Liquidia will immediately seek to set aside the injunction issued by the U.S. District Court for the District of Delaware in the lawsuit filed by United Therapeutics (UTHR) under the Drug Price Competition and Patent Term Restoration Act and pursue final regulatory approval of YUTREPIA by the U.S. Food and Drug Administration.