CHARLOTTE – A federal appeals court won’t upend Morrisville-based Liquidia’s loss in a patent dispute with United Therapeutics that threatens to stall the U.S. launch of Liquidia’s Yutrepia treatment for pulmonary arterial hypertension.
Liquidia shares fell 14%, to $7.02, on Monday.

“Today’s decision vindicates our position, as confirmed earlier by the district court, that Yutrepia is an infringing product. We will continue to vigorously defend our intellectual property,” said Shaun Snader, Vice President and Associate General Counsel – IP and Litigation at United Therapeutics.

United Therapeutics added that “[b]oth parties have the opportunity to request rehearing by the Federal Circuit with respect to the adverse portions of the Federal Circuit’s affirmance.”

Dr. Roger Jeffs, Chief Executive Officer of Liquidia, said: “With [the] decision, only one of the three patents asserted against Liquidia stands in the way of seeking final approval for YUTREPIA. We remain confident that this single patent will no longer be at issue upon conclusion of the on-going appeal of the ‘793 IPR decision, which invalidated all claims in the patent. We will continue to prepare for the potential launch of YUTREPIA to treat pulmonary arterial hypertension (PAH) and will work with regulatory authorities to add the indication to treat pulmonary hypertension associated with interstitial lung disease (PH-ILD).“
Read the Liquidia press release here.