Full Press Release Details
United Therapeutics Prevails in Dry Powder Inhaler
SILVER SPRING, Md., and RESEARCH TRIANGLE PARK, N.C., August 31,
2022 - 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)
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
You can learn more about what it means to be a PBC here: unither.com/PBC.
Forward-looking Statements
Statements included in this press release that are not historical in
nature are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking
statements include, among others, our expectation that the Court will enter an injunction barring FDA from granting final approval for
Yutrepia until expiration of the '793 patent, May 14, 2027; our plans concerning the request for rehearing and potential appeal
of the PTAB decision concerning the '793 patent; our intention to continue to vigorously defend our intellectual property; and our
goals of furthering our public benefit purpose, providing superior financial performance for shareholders, and providing our communities
with earth-sensitive energy utilization. These forward-looking statements are subject to certain risks and uncertainties, such as those
described in our periodic reports filed with the Securities and Exchange Commission, that could cause actual results to differ materially
from anticipated results. Consequently, such forward-looking statements are qualified by the cautionary statements, cautionary language
and risk factors set forth in our periodic reports and documents filed with the Securities and Exchange Commission, including our most
recent Annual Report on Form 10-K, Quarterly Reports on Form 10-Q, and Current Reports on Form 8-K. We claim the protection
of the safe harbor contained in the Private Securities Litigation Reform Act of 1995 for forward-looking statements. We are providing
this information as of August 31, 2022, and assume no obligation to update or revise the information contained in this press release
whether as a result of new information, future events or any other reason.
TYVASO is a registered trademark of United Therapeutics Corporation.
TYVASO DPI is a trademark of United Therapeutics Corporation.
YUTREPIA is a trademark of Liquidia Technologies, Inc.
For Further Information Contact:
Dewey Steadman at (202) 919-4097
Email: ir@unither.com