United Therapeutics Says Prevails In Dry Powder Inhaler Patent Litigation

(RTTNews) - United Therapeutics Corp. (UTHR) said that it has prevailed in dry powder inhaler patent litigation with Liquidia Technologies.

United Therapeutics noted 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 and 10,716,793. The litigation concerns whether Liquidia Technologies' proposed treprostinil inhalation powder, Yutrepia, 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.

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.

United Therapeutics noted that it is evaluating the Court's opinion and next steps, including the potential for appealing the Court's decisions on the '066 patent.