Liquidia’s Yutrepia Path Clear As UTC Loses Axed Patent Appeal

Liquidia Corp. moved closer to gaining final regulatory approval for its Yutrepia drug as a US appeals court rejected United Therapeutics Corp.'s attempt to revive a patent for Tyvaso that an administrative tribunal canceled.

“Substantial evidence” supported the Patent Trial and Appeal Board’s conclusion that abstracts of two scientific papers “were sufficiently disseminated such that each constituted a printed publication,” Circuit Judge Alan D. Lourie wrote in an opinion issued Wednesday for a three-judge panel of the US Court of Appeals for the Federal Circuit. The ruling affirmed the PTAB’s cancellation of the patent.

The decision, which followed oral arguments ...