On July 24, 2023, a significant ruling was made by the United States Court of Appeals for the Federal Circuit in the case of United Therapeutics Corp. v. Liquidia Technologies, Inc. The verdict affirmed the prior decision of the United States District Court for the District of Delaware, which held distinct positions concerning different patent claims filed by these two companies.
In a detailed report provided by Haug Partners LLP, these two important conclusions were highlighted:
- Claims 1, 4, and 6-8 of U.S. Patent 10,716,793 (‘793 patent) are not invalid and have been infringed upon by Liquidia Technologies.
- Claims 1-3 of U.S. Patent 9,593,066 (‘066 patent) are invalid as they are anticipated, yet they are still violated by Liquidia Technologies.
This legal confrontation carries immediate implications for these two corporations and ramifications for the biotechnology industry. The ruling reaffirms that meticulous review must be undertaken to ensure patenting does not unintentionally infringe on the inventive efforts of others.
Further analysis and the full verdict text are made available in the report provided by Haug Partners LLP. Legal professionals navigating the complex landscape of intellectual property in biotechnology are urged to review these findings to better understand the evolving legal frameworks at play.