Liquidia Fails to Escape UTC Patent Suit Over Lung Drug Yutrepia

Liquidia Corp. failed to convince a federal judge to toss United Therapeutics Corp.’s lawsuit accusing its lung-disease drug Yutrepia of patent infringement, finding UTC’s claims don’t qualify as serial litigation.

Judge Thomas D. Schroeder ruled that although UTC previously sued Liquidia for infringement over Yutrepia, there isn’t enough overlap between the cases’ allegations. Earlier lawsuits involved U.S. Patent No. 10,716,793, while the current case involves US Patent No. 11,357,782. Therefore UTC’s suit isn’t barred by issue or claim preclusion, according to an opinion issued Tuesday in the US District Court for the Middle District of North Carolina.

UTC first ...