United Therapeutics Takes Lung-Drug Patent Fight to High Court

United Therapeutics Corp. asked the US Supreme Court to review its failed bid to revive a patent for its blockbuster lung-disease drug Tyvaso.

The US Court of Appeals for the Federal Circuit has conflicting approaches to addressing the Patent and Trademark Office’s reliance on arguments that weren’t presented in inter partes review petition, UTC said in a petition for a writ of certiorari docketed Wednesday. The pharmaceutical company said the appeals court allowed its patent to be canceled based on theories not addressed during the IPR.

“The Federal Circuit has taken inconsistent and irreconcilable stances on the standard of review ...