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Update 6:20pm: Adds new United Therapeutics lawsuit against Liquidia.
Liquidia (NASDAQ:LQDA) jumped 12% in after hours trading after a judge denied United Therapeutics request for a preliminary injunction over lung-disease drug Yutrepia.
“Although Plaintiff has shown a likelihood of success as to infringement of claims 1, 6, 9, and 10 of the ‘327 patent,” Plaintiff has failed to show the Defendants’s obviousness challenge lacks substantial merit,” US District Judge Richard G. Andrews wrote in an opinion on Friday. “Plaintiff has also failed to show that it is likely to suffer irreparable harm absent an injunction, or that the public interest weighs in favor of an injunction.”
Liquidia (LQDA) had a court win in its patent dispute with United Therapeutics from Judge Andrews in late March. Liquidia (LQDA) soared 36% on Dec. 20 after a court victory in its patent dispute with UTHR.
United Therapeutics (NASDAQ:UTHR) attempt for a preliminary injunction to stop the Food & Drug Administration from approving Liquidia’s (LQDA) Yutrepia lung-disease drug was also denied by a judge in late March. U.S. District Judge John D. Bates denied United Therapeutics (UTHR) request for a preliminary injunction and a temporary restraining order.
United Therapeutics (UTHR) markets its version of treprostinil as Tyvaso, and the FDA granted tentative approval for a generic to Liquidia (LQDA) in 2021, allowing for its potential market entry as Yutrepia for PH-ILD as early as this March. Yutrepia, like its more established competitor, Tyvaso, treats high blood pressure in the lungs.
Liquidia wasn’t immediately available to comment. United Therapeutics didn’t immediately respond to Seeking Alpha email request for comment.
“United Therapeutics, which describes themselves as a Public Benefit Corporation’, has spent years and millions of dollars on every conceivable delay tactic to block patients from getting the help they could get from Liquidia’s Yutrepia,” Rangeley Capital’s Chris DeMuth told Seeking Alpha in an interview. “This was the last step before we hear back from the FDA after which Liquidia might be finally able to get Yutrepia to patients that need a better solution for treating the devastating PAH and PH-ILD diseases.”
Separately, Liquidia (LQDA) disclosed that United Therapeutics (UTHR) filed a complaint on Wednesday in the Superior Court in Durham County, North Carolina, against Robert Roscigno, a former employee of United Therapeutics and Liquidia. The complaint alleges that Dr. Roscigno “misappropriated certain intellectual property of United Therapeutics which led to the development of Liquidia’s product candidate Yutrepia,” according to an 8-K filing on Friday.
Liquidia (LQDA) said it plans to “vigorously” defend itself against the allegations.