Cooley Defeats Preliminary Injunction for Liquidia in Litigation With United Therapeutics

Washington, DC – June 3, 2024 – Cooley successfully defeated a preliminary injunction filed by United Therapeutics that sought to block the launch of client Liquidia’s Yutrepia (treprostinil) inhalation powder for the treatment of pulmonary hypertension associated with interstitial lung disease.

United Therapeutics filed suit in September 2023, alleging Yutrepia would infringe US Patent No. 11,826,327. The denial of United Therapeutics’ requested preliminary injunction permits the case to move forward to trial, currently scheduled for June 2025, while maintaining a clear path for the US Food and Drug Administration to issue a final decision on the amended new drug application for Yutrepia.

The Cooley team was led by Sanya Sukduang, Jonathan Davies, Phil Morton, Lauren Strosnick, Brittany Cazakoff, Robert Minn, John Habibi and Rachel Preston.

The case is United Therapeutics Corp. v. Liquidia Technologies, Inc. (case no. 23-975).

Cooley previously advised Liquidia on its first product launch in April 2024 and its $53 million initial public offering in August 2023.

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