Supreme Court Denies Liquidia Bid on Patent-Tribunal Preclusion

The US Supreme Court won’t review whether a patent owner can pursue infringement claims after an administrative tribunal invalidates the patent, a blow to Liquidia Corp.'s quest for regulatory approval of its drug targeting a rare lung disease.

The justices’ refusal to hear the case means the existing rule under issue preclusion law—that Patent Trial and Appeal Board invalidity decisions don’t automatically preclude infringement claims in federal court—remains in place. It also effectively upholds the Federal Circuit’s rule that PTAB decisions have no preclusive effect while on appeal.

Liquidia asked the Supreme Court to review a July 2023 decision in ...