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Post by derekewhitlock on Aug 31, 2022 13:57:55 GMT -5
Well folks, here is the Conclusion paragraph of the Courts findings:
VI. CONCLUSION
UTC failed to prove by a preponderance of the evidence that Liquidia will infringe claim
8 of the ' 066 patent.
Liquidia proved by clear and convincing evidence that claims 1, 2, 3, 6,
and 9 of the '066 patent are invalid.
UTC proved by a preponderance of the evidence that
Liquidia will induce infringement of claims 1, 4, 6, 7, and 8 of the '793 patent.
53
Case 1:20-cv-00755-RGA-JLH Document 433 Filed 08/31/22 Page 54 of 55 PageID #: 36566
The parties shall submit a final judgment consistent with this memorandum opinion
within one week.
54
Case 1:20-cv-00755-RGA-JLH Document 433 Filed 08/31/22 Page 55 of 55 PageID #: 36567
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Post by avi8torslc on Aug 31, 2022 14:41:04 GMT -5
Looks like LQDA launch sidelined until 2024.
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Post by sayhey24 on Aug 31, 2022 18:04:04 GMT -5
yep - at least 2024 “We’re pleased with the Court’s decision on the ’793 patent, and our legal team is evaluating options for the ’066 patent,” said Shaun Snader, Vice President and Associate General Counsel – IP and Litigation at United Therapeutics. “Today’s decision vindicates our claims that Yutrepia is an infringing product, and we will continue to vigorously defend our intellectual property.” The Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office recently issued a final written decision in an inter partes review (IPR) of the ’793 patent initiated by Liquidia. That final written decision held that the ’793 patent is invalid. United Therapeutics has requested rehearing regarding that decision, and if the PTAB does not reverse itself, the company will appeal. The ’793 patent remains valid during the pendency of all appeals. United Therapeutics expects any IPR appeal process will likely take at least a year. During that time, the company expects that the Court’s forthcoming injunction will remain in place and will not be lifted until such time, if ever, that the ’793 patent is held invalid or not infringed after all appeals have been exhausted." www.businesswire.com/news/home/20220831005871/en/United-Therapeutics-Prevails-in-Dry-Powder-Inhaler-Patent-Litigation |
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Post by centralcoastinvestor on Aug 31, 2022 18:15:40 GMT -5
This is a devastating blow to Liquidia. I almost feel bad for them. However, I don’t. They made some pretty underhanded plays including the “anonymous” petition that held up Tyvaso DPI approval. They have to fund at least two years of company survival without income. Dilution is the only path forward that I can see or horrible loans. What a crazy day.
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Post by wyattdog on Aug 31, 2022 18:16:13 GMT -5
United Therapeutics Prevails in Dry Powder Inhaler Patent Litigation
United Therapeutics Corporation (Nasdaq: UTHR), a public benefit corporation, announced today that the United States District Court for the District of Delaware issued an opinion in the pending litigation concerning United Therapeutics’ U.S. patents 9,593,066 (the ’066 patent) and 10,716,793 (the ’793 patent). This litigation concerns whether Liquidia Technologies, Inc.’s proposed treprostinil inhalation powder, YutrepiaTM, would infringe the ’066 and ’793 patents.
The Court determined that Liquidia would induce infringement of various claims of the ’793 patent by marketing Yutrepia. The ‘793 patent relates to a method of administering treprostinil via inhalation. The Court also concluded that Liquidia failed to prove that any claim of the ’793 patent at issue is invalid.
As a result of the Court’s decision, United Therapeutics expects the Court to enter an injunction barring the U.S. Food and Drug Administration from granting final approval for Yutrepia until expiration of the ’793 patent, May 14, 2027, as required by 35 U.S.C. § 271(e)(4)(A).
The Court also determined that Yutrepia would infringe several claims of the ’066 patent, but found those claims to be invalid. The ‘066 patent relates to a method of making treprostinil, the active pharmaceutical ingredient in both Tyvaso® (treprostinil) Inhalation Solution and Tyvaso DPI™ (treprostinil) Inhalation Powder.
Both parties have the right to appeal. United Therapeutics is evaluating the Court’s opinion and next steps, including the potential for appealing the Court’s decisions on the ’066 patent.
“We’re pleased with the Court’s decision on the ’793 patent, and our legal team is evaluating options for the ’066 patent,” said Shaun Snader, Vice President and Associate General Counsel – IP and Litigation at United Therapeutics. “Today’s decision vindicates our claims that Yutrepia is an infringing product, and we will continue to vigorously defend our intellectual property.”
The Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office recently issued a final written decision in an inter partes review (IPR) of the ’793 patent initiated by Liquidia. That final written decision held that the ’793 patent is invalid. United Therapeutics has requested rehearing regarding that decision, and if the PTAB does not reverse itself, the company will appeal. The ’793 patent remains valid during the pendency of all appeals. United Therapeutics expects any IPR appeal process will likely take at least a year. During that time, the company expects that the Court’s forthcoming injunction will remain in place and will not be lifted until such time, if ever, that the ’793 patent is held invalid or not infringed after all appeals have been exhausted.
United Therapeutics: Enabling Inspiration
At United Therapeutics, our vision and mission are one. We use our enthusiasm, creativity, and persistence to innovate for the unmet medical needs of our patients and to benefit our other stakeholders. We are bold and unconventional. We have fun, we do good.
We are the first publicly-traded biotech or pharmaceutical company to take the form of a public benefit corporation (PBC). Our public benefit purpose is to provide a brighter future for patients through (a) the development of novel pharmaceutical therapies; and (b) technologies that expand the availability of transplantable organs. At the same time, we seek to provide our shareholders with superior financial performance and our communities with earth-sensitive energy utilization.
You can learn more about what it means to be a PBC here: unither.com/PBC.
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Post by uvula on Aug 31, 2022 19:24:30 GMT -5
Wouldn't be surprised if uthr offers to buy lqda just to kill the competition. Nothing personal, just business.
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Post by cretin11 on Aug 31, 2022 19:25:02 GMT -5
UTHR continues to impress, it is a well run company. I don’t expect them to buy out LQDA, but if they do then it’ll probably be the right move. And I’d be admittedly a bit envious if it happens, would rather see them buy MNKD, even though it would be a much lower number than we all used to envision.
Interesting to see the share price action of UTHR, LQDA and MNKD starting about 2:30 today.
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Post by neil36 on Aug 31, 2022 19:27:35 GMT -5
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Post by Thundersnow on Aug 31, 2022 19:50:50 GMT -5
Wouldn't be surprised if uthr offers to buy lqda just to kill the competition. Nothing personal, just business. I don't think UTHR will spend the cash. Why buy a company who stole secrets from you and infringes on a patent that doesn't expire until 2027? UTHR is playing hardball and will make LQDA's life very difficult. |
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Post by Thundersnow on Aug 31, 2022 19:51:56 GMT -5
If you're PLEASED......why hold a CC to explain? |
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Post by markado on Aug 31, 2022 21:10:47 GMT -5
If you're PLEASED......why hold a CC to explain? Wonder if he plans on visiting a cosmetics section and buying it out of lipstick before the call? |
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Post by peppy on Aug 31, 2022 21:30:16 GMT -5
If you're PLEASED......why hold a CC to explain? Wonder if he plans on visiting a cosmetics section and buying it out of lipstick before the call? Did you just tell me how you really feel? |
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Post by agedhippie on Aug 31, 2022 22:57:44 GMT -5
yep - at least 2024 “We’re pleased with the Court’s decision on the ’793 patent, and our legal team is evaluating options for the ’066 patent,” said Shaun Snader, Vice President and Associate General Counsel – IP and Litigation at United Therapeutics. “Today’s decision vindicates our claims that Yutrepia is an infringing product, and we will continue to vigorously defend our intellectual property.” The Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office recently issued a final written decision in an inter partes review (IPR) of the ’793 patent initiated by Liquidia. That final written decision held that the ’793 patent is invalid. United Therapeutics has requested rehearing regarding that decision, and if the PTAB does not reverse itself, the company will appeal. The ’793 patent remains valid during the pendency of all appeals. United Therapeutics expects any IPR appeal process will likely take at least a year. During that time, the company expects that the Court’s forthcoming injunction will remain in place and will not be lifted until such time, if ever, that the ’793 patent is held invalid or not infringed after all appeals have been exhausted." www.businesswire.com/news/home/20220831005871/en/United-Therapeutics-Prevails-in-Dry-Powder-Inhaler-Patent-LitigationThe trial was interesting because it was an attempt by LQDA to do an end run around UTHR's appeal of the PTAB judgement invalidating the '793 patent. The PTAB IPR judgement itself does not invalidate the patent, that requires the Director to sign off, and the judge in this case said the stay couldn't be lifted because that had not yet happened. If the UTHR appeal succeeds then the patent remains valid. The balance of probabilities is against UTHR in this one since an IPR is not often overturned, but it will delay LQDA until mid 2024 according to the LQDA CEO. For my money the Hatch-Waxman case is a far bigger threat to LQDA. As it stands today I think LQDA could lose the case on the same grounds that it lost this case - the '793 patent is not formally invalidated at this point in time. It looks like LQDA thinks the same because they have asked for a stay of the case until the IPR appeal is resolved. |
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Post by sayhey24 on Sept 1, 2022 7:48:09 GMT -5
yep - at least 2024 “We’re pleased with the Court’s decision on the ’793 patent, and our legal team is evaluating options for the ’066 patent,” said Shaun Snader, Vice President and Associate General Counsel – IP and Litigation at United Therapeutics. “Today’s decision vindicates our claims that Yutrepia is an infringing product, and we will continue to vigorously defend our intellectual property.” The Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office recently issued a final written decision in an inter partes review (IPR) of the ’793 patent initiated by Liquidia. That final written decision held that the ’793 patent is invalid. United Therapeutics has requested rehearing regarding that decision, and if the PTAB does not reverse itself, the company will appeal. The ’793 patent remains valid during the pendency of all appeals. United Therapeutics expects any IPR appeal process will likely take at least a year. During that time, the company expects that the Court’s forthcoming injunction will remain in place and will not be lifted until such time, if ever, that the ’793 patent is held invalid or not infringed after all appeals have been exhausted." www.businesswire.com/news/home/20220831005871/en/United-Therapeutics-Prevails-in-Dry-Powder-Inhaler-Patent-LitigationThe trial was interesting because it was an attempt by LQDA to do an end run around UTHR's appeal of the PTAB judgement invalidating the '793 patent. The PTAB IPR judgement itself does not invalidate the patent, that requires the Director to sign off, and the judge in this case said the stay couldn't be lifted because that had not yet happened. If the UTHR appeal succeeds then the patent remains valid. The balance of probabilities is against UTHR in this one since an IPR is not often overturned, but it will delay LQDA until mid 2024 according to the LQDA CEO. For my money the Hatch-Waxman case is a far bigger threat to LQDA. As it stands today I think LQDA could lose the case on the same grounds that it lost this case - the '793 patent is not formally invalidated at this point in time. It looks like LQDA thinks the same because they have asked for a stay of the case until the IPR appeal is resolved. Aged - courts are totally unpredictable but one thing seems certain and that it this is going to go on for at least another couple of years. Even if LQDA prevails UTHR will have taken control of the market and LQDA will have run out of money. It seems to me that at this point few will give them more money and they are doomed. |
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Post by Clement on Sept 1, 2022 8:04:50 GMT -5
United Therapeutics Prevails in Dry Powder Inhaler Patent Litigation United Therapeutics Corporation (Nasdaq: UTHR), a public benefit corporation, announced today that the United States District Court for the District of Delaware issued an opinion in the pending litigation concerning United Therapeutics’ U.S. patents 9,593,066 (the ’066 patent) and 10,716,793 (the ’793 patent). This litigation concerns whether Liquidia Technologies, Inc.’s proposed treprostinil inhalation powder, YutrepiaTM, would infringe the ’066 and ’793 patents. The Court determined that Liquidia would induce infringement of various claims of the ’793 patent by marketing Yutrepia. The ‘793 patent relates to a method of administering treprostinil via inhalation. The Court also concluded that Liquidia failed to prove that any claim of the ’793 patent at issue is invalid. As a result of the Court’s decision, United Therapeutics expects the Court to enter an injunction barring the U.S. Food and Drug Administration from granting final approval for Yutrepia until expiration of the ’793 patent, May 14, 2027, as required by 35 U.S.C. § 271(e)(4)(A). I love that 3rd paragraph! 2027. |
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