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Post by brotherm1 on Apr 4, 2020 5:28:18 GMT -5
Liquidia also has a dry powder inhaler for treprostinil. They are in phase three trials. This appears to me to be a threat to MNKD’s anticipated royalties from UTHR. In addition to their recent share price pop with these patent appeals, insiders have been acquiring (though I’ve not yet taken time to see if they were direct market purchases).
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Post by cedafuntennis on Apr 5, 2020 15:38:38 GMT -5
With that thought the market doesn't think much of MNKD either; maybe even less...
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Post by matt on Apr 6, 2020 7:48:56 GMT -5
Not at all they are chalkenging exclusivity - which is strange as they already filed nda under 5052b which could mean they were either given guidance that would suggestvthey need to challenge it OR are being proactive- 5052b allows in theory that they can move fwd without uthr but the dual device complicates that This looks to be a rational legal maneuver by Liquida. If there are patents with potentially problematic claims which in turn we based on an extension to an already invalidated patent, those subsequent patents are almost certainly invalid as well. So the question comes down to whether Liquida wants to formally invalidate the patents now via inter partes review a the PTO, or to hope that UTHR will not object to their new drug when it is approved. While the two patents are almost certainly invalid, that is something a court would have to decide if the PTO did not act earlier. You never know if a district court judge not well-skilled in matters of science will grant an injunction pending outcome of the case, thereby costing Liquida valuable time to build up their franchise before UTHR can come out with a similar offering. No doubt the matter will need formal resolution, one way or the other, and the PTO is almost certainly a cheaper and friendlier forum for Liquida than US District Court. By filing for inter partes review Liquida gets to pick the forum, if they wait then UTHR chooses where to file the case and UTHR gets to pick the forum. Actions in the PTO also tend to move more quickly than the US District Courts and that is beneficial to Liquida as well. Speed and certainty are good for market valuation, delay and uncertainty are not. |
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