Liquidia Told to Swap Two Defenses Ahead of Trial on UTC Patent

Liquidia Corp. waited too long to raise two invalidity theories in United Therapeutics Corp.'s 2023 lawsuit over rival lung-disease drugs, a Delaware federal judge ruled, though he allowed Liquidia to swap in other defenses from its “twenty different” remaining theories.

Judge Richard G. Andrews issued the order Wednesday in the US District Court for the District of Delaware, rejecting UTC’s objections to a magistrate judge’s discovery ruling that partially granted Liquidia’s request to amend its defenses. He struck one theory tied to inventorship and another based on a publication but gave Liquidia until 6 p.m. Thursday to identify two earlier-disclosed ...