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UNITED THERAPEUTICS CORPORATION v. LIQUIDIA TECHNOLOGIES, INC. - 1:2025cv00368

Explore the details of the UNITED THERAPEUTICS CORPORATION v. LIQUIDIA TECHNOLOGIES, INC. case under case number 1:2025cv00368 involving a cause of action for Patent Infringement. Review key information about the parties involved, the patents in question, and the docket entries.

Case Details

Case Number
1:2025cv00368
Filing Date
May 9, 2025
Cause of Action
Patent Infringement
Status
OPEN
Case Link
View Case
Nature of Suit
830

Plaintiffs

The following plaintiffs are involved in this case, with their respective legal representatives for the case.

CompanyRepresented By
UNITED THERAPEUTICS CORPORATION
MCDERMOTT WILL & EMERY
500 NORTH CAPITOL STREET NW
GOODWIN PROCTER LLP
SMITH ANDERSON BLOUNT DORSETT MITCHELL & JERNIGAN, LLP

Defendants

The following defendants are involved in this case, with their respective legal representatives for the case.

CompanyRepresented By
LIQUIDIA TECHNOLOGIES, INC.
PARKER POE ADAMS & BERNSTEIN LLP
COOLEY LLP

Patents Involved in the Case

There is a single patent involved in this case.

Application NumberPatent Number
17486721US11357782B2

Docket Entries

The Docket Entries section provides a chronological list of all significant filings and court actions in this case.

DateDocket EntryType

Set alerts for critical docket entry

May 21, 2025Transcript of Proceedings held on 05/20/2025, before Judge Thomas D. Schroeder. Court Reporter Briana L. Chesnut, Telephone number 336-734-2514. Tape Number: [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 6/16/2025. Redacted Transcript Deadline set for 6/26/2025. Release of Transcript Restriction set for 8/22/2025. (bc) (Entered: 05/21/2025)-
May 21, 2025NOTICE OF FILING OF CORRECTED EXHIBITS re 34 Response in Opposition to Motion. (Attachments: # 1 Exhibit 13 (Corrected) Non-Final Office Action for Patent Application No. 17/486,721, # 2 Exhibit 14 (Corrected) Amendment & Request for Reconsideration for Patent Application No. 17/486,721, # 3 Exhibit 15 (Corrected) Notice of Allowability for Patent Application No. 17/486,721, # 4 Exhibit 33 (Corrected) Reply Under 37 CFR § 1.116, for US Patent Application No. 17/745,333, dated Aug. 16, 2023, # 5 Exhibit 38 (Corrected) Final Office Action for US Patent Application No. 17/745,333, dated May 12, 2025, # 6 Exhibit 39 (Corrected) Non-Final Office Action for US Patent Application No. 17/745,333, dated Sept. 24, 2024, # 7 Exhibit 40 (Corrected) Response to Arguments and Examiner Affidavit for US Patent Application No. 17/745,333, dated Sept. 29, 2023, # 8 Exhibit 41 (Corrected) Final Office Action for US Patent Application No. 17/745,333, dated Mar. 17, 2024, # 9 Exhibit 42 (Corrected) Supplemental Amendment and Reply Under 37 CFR § 1.111, for US Patent Application No. 17/745,333, dated Apr. 29, 2025)(CAREY, STEPHEN) (Entered: 05/21/2025)NOTICE OF FILING OF CORRECTED EXHIBITS
May 19, 2025NOTICE of Special Appearance by attorney GABRIEL FERRANTE on behalf of Plaintiff UNITED THERAPEUTICS CORPORATION ( Filing fee $ 25 receipt number ANCMDC-4091684.) (FERRANTE, GABRIEL) (Entered: 05/19/2025)NOTICE
May 19, 2025NOTICE of Special Appearance by attorney ERIC ROMEO on behalf of Plaintiff UNITED THERAPEUTICS CORPORATION ( Filing fee $ 25 receipt number ANCMDC-4091679.) (ROMEO, ERIC) (Entered: 05/19/2025)NOTICE
May 19, 2025NOTICE of Special Appearance by attorney TIMOTHY DUNKER on behalf of Plaintiff UNITED THERAPEUTICS CORPORATION ( Filing fee $ 25 receipt number ANCMDC-4091458.) (DUNKER, TIMOTHY) (Entered: 05/19/2025)NOTICE
May 19, 2025 MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by LIQUIDIA TECHNOLOGIES, INC.. Response to Motion due by 6/2/2025 (CAREY, STEPHEN) (Entered: 05/19/2025)MOTION
May 19, 2025SEALED DOCUMENT of Douglas Kidder re 34 Response in Opposition to Motion, by Defendant LIQUIDIA TECHNOLOGIES, INC., Plaintiff UNITED THERAPEUTICS CORPORATION. (Attachments: # 1 Exhibit 1 - Resume, # 2 Exhibit 2 - Documents Considered, # 3 Exhibit 3 - Data) (CAREY, STEPHEN) (Entered: 05/19/2025)SEALED DOCUMENT
May 19, 2025SEALED RESPONSE filed by Defendant LIQUIDIA TECHNOLOGIES, INC., Plaintiff UNITED THERAPEUTICS CORPORATION re 3 MOTION for Temporary Restraining Order and Preliminary Injunction and Request for Oral Argument filed by UNITED THERAPEUTICS CORPORATION, 34 Response in Opposition to Motion, filed by LIQUIDIA TECHNOLOGIES, INC. filed by LIQUIDIA TECHNOLOGIES, INC., UNITED THERAPEUTICS CORPORATION. Replies due by 6/2/2025 (Attachments: # 1 Exhibit 27 - UTC Tyvaso Forecast 2023-2025, # 2 Exhibit 36 - Opening Expert Report of Steven D. Nathan, M.D. Regarding Infringement of U.S. Patent No. 11,826,327, UTC v. Liquidia, No. 23-cv-975-RGA) (CAREY, STEPHEN) (Entered: 05/19/2025)SEALED RESPONSE
May 19, 2025DECLARATION of Douglas Kidder filed by Defendant LIQUIDIA TECHNOLOGIES, INC. re 34 Response in Opposition to Motion,,,,,,,,,,,,,,,, (Filed Under Seal) filed by LIQUIDIA TECHNOLOGIES, INC.. (CAREY, STEPHEN) (Entered: 05/19/2025)DECLARATION
May 19, 2025RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order and Preliminary Injunction and Request for Oral Argument filed by UNITED THERAPEUTICS CORPORATION filed by LIQUIDIA TECHNOLOGIES, INC.. Replies due by 6/2/2025 (Attachments: # 1 Exhibit 1 - Motion for PI/TRO Hearing Transcript, UTC v. FDA, No. 1:24-cv-00484-JDB, # 2 Exhibit 2 - Complaint, UTC v. Liquidia, No. 23-cv-975-RGA, # 3 Exhibit 3 - Order, Liquidia v. FDA, No. 1:24-cv-02428-TJK, # 4 Exhibit 4 - Liquidias Motion for Post Judgment Relief, UTC v. Liquidia, No. 20-cv-755-RGA, # 5 Exhibit 5 - Amended Final Judgment, UTC v. Liquidia, No. 20-cv-755-RGA, # 6 Exhibit 6 - Paul J. Atkins, Dry Powder Inhalers: An Overview, 50 RESP CARE 1304 (2005), # 7 Exhibit 7 - First Amended Complaint, UTC v. Liquidia, No. 23-cv-975-RGA, # 8 Exhibit 8 - Stipulation and Order of Partial Dismissal Without Prejudice, UTC v. Liquidia, No. 23-cv-975-RGA, # 9 Exhibit 9 - Plaintiffs Brief In Support Of Its Motion For Preliminary Injunction, UTC v. Liquidia, No. 23-cv-975-RGA, # 10 Exhibit 10 - Stipulation of Partial Judgment of Non-Infringement, UTC v. Liquidia, No. 20-cv-755-RGA, # 11 Exhibit 11 - Answer and Cross-Claims, Liquidia v. FDA, No. 1:24-cv-02428-TJK, # 12 Exhibit 12 - U.S. Patent No. 10,716,793 B2 (Ex. A, UTC v. Liquidia, No. 23-cv-975-RGA, # 13 Exhibit 13 - Non-Final Office Action for Patent Application No. 17/486,721, # 14 Exhibit 14 - Amendment & Request for Reconsideration for Patent Application No. 17/486,721, # 15 Exhibit 15 - Notice of Allowability for Patent Application No. 17/486,721, # 16 Exhibit 16 - Judgment and Final Written Decision, Liquidia v. UTC, IPR2021-00406, Paper 78, # 17 Exhibit 17 - Order, Liquidia v. UTC, IPR2021-00406, Paper 81, # 18 Exhibit 18 - Decision, Liquidia v. UTC, IPR2021-00406, Paper 82, # 19 Exhibit 19 - Memorandum Order, UTC v. Liquidia, No. 23-cv-975-RGA, # 20 Exhibit 20 - Minute Entry for Motion Hearing, UTC v. FDA, No. 1:24-cv-00484-JDB, # 21 Exhibit 21 - Refinitiv Streetevents Edited Transcript, UTC at TD Cowen Health Care Conference, # 22 Exhibit 22 - Q1 2025 UTC Earnings Call Transcript, # 23 Exhibit 23 - Email from J. Schneider, dated May 7, 2025, # 24 Exhibit 24 - TD Cowen: Highlights from UTHR Management Dinner, # 25 Exhibit 25 - Q4 2024 UTC Earnings Call Transcript, dated Feb. 26, 2025, # 26 Exhibit 26 - Refinitiv Streetevents Edited Transcript, Q4 2022 UTC Earnings Call, dated Feb. 22, 2023, # 27 Exhibit 27 - UTC Tyvaso Forecast 2023-2025, # 28 Exhibit 28 - Refinitiv Streetevents Edited Transcript, Q1 2023 UTC Earnings Call, dated May 3, 2023, # 29 Exhibit 29 - Letter from Michelle Sweitzer, dated Apr. 28, 2025, # 30 Exhibit 30 - Coordinated, The Oxford English Dictionary, Vol. 2 (2nd ed. 1991), # 31 Exhibit 31 - How to Use a Respimat Softmist Inhaler, American Lung Association (Sept. 2022), # 32 Exhibit 32 - Patent Owner Preliminary Response, Watson Labys, Inc. v. UTC, IPR2017-01621, # 33 Exhibit 33 - Reply Under 37 CFR § 1.116, for US Patent Application No. 17/745,333, dated Aug. 16, 2023, # 34 Exhibit 34 - Declaration of Dr. Wener Seeger, Liquidia v. UTC, IPR2021-00406, EX2003, # 35 Exhibit 35 - EXUBERA Medication Guide, Jan. 27, 2006, # 36 Exhibit 36 - Opening Expert Report of Steven D. Nathan, M.D. Regarding Infringement of U.S. Patent No. 11,826,327, UTC v. Liquidia, No. 23-cv-975-RGA, # 37 Exhibit 37 - Tyvaso DPI, Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations, # 38 Exhibit 38 - Final Office Action for US Patent Application No. 17/745,333, dated May 12, 2025, # 39 Exhibit 39 - Non-Final Office Action for US Patent Application No. 17/745,333, dated Sept. 24, 2024, # 40 Exhibit 40 - Response to Arguments and Examiner Affidavit for US Patent Application No. 17/745,333, dated Sept. 29, 2023, # 41 Exhibit 41 - Final Office Action for US Patent Application No. 17/745,333, dated Mar. 17, 2024, # 42 Exhibit 42 - Supplemental Amendment and Reply Under 37 CFR § 1.111, for US Patent Application No. 17RESPONSE
May 19, 2025NOTICE of Special Appearance by attorney ARTHUR PAUL DYKHUIS on behalf of Plaintiff UNITED THERAPEUTICS CORPORATION ( Filing fee $ 25 receipt number ANCMDC-4091246.) (DYKHUIS, ARTHUR) (Entered: 05/19/2025)NOTICE
May 19, 2025NOTICE of Special Appearance by attorney ADAM W. BURROWBRIDGE on behalf of Plaintiff UNITED THERAPEUTICS CORPORATION ( Filing fee $ 25 receipt number ANCMDC-4091238.) (BURROWBRIDGE, ADAM) (Entered: 05/19/2025)NOTICE
May 16, 2025Corporate Disclosure Statement identifying Corporate Parent Liquidia Corporation for LIQUIDIA TECHNOLOGIES, INC... (CAREY, STEPHEN) (Entered: 05/16/2025)-
May 15, 2025 MOTION for Leave to File Excess Pages by LIQUIDIA TECHNOLOGIES, INC.. (Attachments: # 1 Text of Proposed Order)(CAREY, STEPHEN) (Entered: 05/15/2025)MOTION
May 15, 2025MEMORANDUM filed by Defendant LIQUIDIA TECHNOLOGIES, INC. re 28 MOTION to Dismiss Or, In The Alternative, Stay or Transfer filed by LIQUIDIA TECHNOLOGIES, INC.. (Attachments: # 1 Appendix A - Text of the Relevant Claims, # 2 Appendix B - Images from Yutrepia Instructions for Use, # 3 Exhibit A - '793 Patent, # 4 Exhibit B - Tyvaso DPI Orange Book, # 5 Exhibit C - Trial Exhibit DTX408)(CAREY, STEPHEN) (Entered: 05/15/2025)MEMORANDUM
May 15, 2025 MOTION to Dismiss Or, In The Alternative, Stay or Transfer by LIQUIDIA TECHNOLOGIES, INC.. Response to Motion due by 6/5/2025 (CAREY, STEPHEN) (Entered: 05/15/2025)MOTION
May 15, 2025NOTICE of Hearing: TRO Hearing set for 5/20/2025 at 02:00 PM* in Winston-Salem Courtroom #2 before JUDGE THOMAS D. SCHROEDER. *Plaintiff's counsel is instructed to notify Defendants of date, time and place of hearing.(ae) (Entered: 05/15/2025)NOTICE
May 14, 2025WAIVER OF SERVICE of SUMMONS by UNITED THERAPEUTICS CORPORATION. LIQUIDIA TECHNOLOGIES, INC. waiver sent on 5/13/2025, answer due 7/14/2025. (SMITH, CHRISTOPHER) (Entered: 05/14/2025)WAIVER OF SERVICE
May 13, 2025Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form) (sh) (Entered: 05/13/2025)-
May 13, 2025Summons Issued as to LIQUIDIA TECHNOLOGIES, INC. (sh) (Entered: 05/13/2025)-
May 13, 2025NOTICE of Special Appearance by attorney HALEY CHOW on behalf of Defendant LIQUIDIA TECHNOLOGIES, INC. ( Filing fee $ 25 receipt number ANCMDC-4086894.) (CHOW, HALEY) (Entered: 05/13/2025)NOTICE
May 13, 2025NOTICE of Special Appearance by attorney JORDAN LANDERS on behalf of Defendant LIQUIDIA TECHNOLOGIES, INC. ( Filing fee $ 25 receipt number ANCMDC-4086891.) (LANDERS, JORDAN) (Entered: 05/13/2025)NOTICE
May 13, 2025NOTICE of Special Appearance by attorney BONNIE FLETCHER PRICE on behalf of Defendant LIQUIDIA TECHNOLOGIES, INC. ( Filing fee $ 25 receipt number ANCMDC-4086890.) (FLETCHER PRICE, BONNIE) (Entered: 05/13/2025)NOTICE
May 13, 2025NOTICE of Special Appearance by attorney JONATHAN DAVIES on behalf of Defendant LIQUIDIA TECHNOLOGIES, INC. ( Filing fee $ 25 receipt number ANCMDC-4086886.) (DAVIES, JONATHAN) (Entered: 05/13/2025)NOTICE
May 13, 2025NOTICE of Special Appearance by attorney SANYA SUKDUANG on behalf of Defendant LIQUIDIA TECHNOLOGIES, INC. ( Filing fee $ 25 receipt number ANCMDC-4086879.) (SUKDUANG, SANYA) (Entered: 05/13/2025)NOTICE
May 12, 2025SEALED DOCUMENT re 17 MOTION to Seal by Plaintiff UNITED THERAPEUTICS CORPORATION. (SMITH, CHRISTOPHER) Modified on 5/12/2025 to correct filer. (sh) (Entered: 05/12/2025)SEALED DOCUMENT
May 12, 2025 MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by UNITED THERAPEUTICS CORPORATION. Response to Motion due by 5/27/2025 (Attachments: # 1 Text of Proposed Order)(SMITH, CHRISTOPHER) (Entered: 05/12/2025)MOTION
May 12, 2025NOTICE of Attorney Appearance by attorney CORRI A. HOPKINS on behalf of Defendant LIQUIDIA TECHNOLOGIES, INC. (HOPKINS, CORRI) (Entered: 05/12/2025)NOTICE
May 12, 2025NOTICE of Attorney Appearance by attorney AISLINN KLOS on behalf of Defendant LIQUIDIA TECHNOLOGIES, INC. (KLOS, AISLINN) (Entered: 05/12/2025)NOTICE
May 12, 2025NOTICE of Attorney Appearance by attorney STEPHEN V. CAREY on behalf of Defendant LIQUIDIA TECHNOLOGIES, INC. (CAREY, STEPHEN) (Entered: 05/12/2025)NOTICE
May 9, 2025NOTICE of Special Appearance by attorney DOUGLAS H. CARSTEN on behalf of Plaintiff UNITED THERAPEUTICS CORPORATION ( Filing fee $ 25 receipt number ANCMDC-4085288.) (CARSTEN, DOUGLAS) (Entered: 05/09/2025)NOTICE
May 9, 2025NOTICE of Special Appearance by attorney WILLIAM COVINGTON JACKSON on behalf of Plaintiff UNITED THERAPEUTICS CORPORATION ( Filing fee $ 25 receipt number ANCMDC-4085283.) (JACKSON, WILLIAM) (Entered: 05/09/2025)NOTICE
May 9, 2025NOTICE of Attorney Appearance by attorney DAVID A. PASLEY on behalf of Plaintiff UNITED THERAPEUTICS CORPORATION (PASLEY, DAVID) (Entered: 05/09/2025)NOTICE
May 9, 2025SEALED UNREDACTED DOCUMENTS filed by Plaintiff UNITED THERAPEUTICS CORPORATION re 5 Declaration. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(SMITH, CHRISTOPHER) Modified on 5/12/2025 to add exhibit identifiers. (sh) (Entered: 05/09/2025)SEALED UNREDACTED DOCUMENTS
May 9, 2025SEALED UNREDACTED DOCUMENTS filed by Plaintiff UNITED THERAPEUTICS CORPORATION re 4 Memorandum. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(SMITH, CHRISTOPHER) Modified on 5/12/2025 to add exhibit identifiers. (sh) (Entered: 05/09/2025)SEALED UNREDACTED DOCUMENTS
May 9, 2025***FILED IN ERROR*** MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by UNITED THERAPEUTICS CORPORATION. Response to Motion due by 5/23/2025 (Attachments: # 1 Sealed Unredacted Declaration of J. Hess in Support of Motion to Seal, # 2 Text of Proposed Order)(SMITH, CHRISTOPHER) Modified on 5/12/2025 to mark as filed in error. Attorney to re-file. (sh) (Entered: 05/09/2025)-
May 9, 2025DECLARATION filed by Plaintiff UNITED THERAPEUTICS CORPORATION re 3 MOTION for Temporary Restraining Order and Preliminary Injunction and Request for Oral Argument filed by UNITED THERAPEUTICS CORPORATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(SMITH, CHRISTOPHER) Modified on 5/12/2025 to add exhibit identifiers. (sh) (Entered: 05/09/2025)DECLARATION
May 9, 2025DECLARATION filed by Plaintiff UNITED THERAPEUTICS CORPORATION re 3 MOTION for Temporary Restraining Order and Preliminary Injunction and Request for Oral Argument filed by UNITED THERAPEUTICS CORPORATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(SMITH, CHRISTOPHER) Modified on 5/12/2025 to add exhibit identifiers. (sh) (Entered: 05/09/2025)DECLARATION
May 9, 2025MEMORANDUM filed by Plaintiff UNITED THERAPEUTICS CORPORATION re 3 MOTION for Temporary Restraining Order and Preliminary Injunction and Request for Oral Argument filed by UNITED THERAPEUTICS CORPORATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(SMITH, CHRISTOPHER) Modified on 5/12/2025 to add exhibit identifiers. (sh) (Entered: 05/09/2025)MEMORANDUM
May 9, 2025 MOTION for Temporary Restraining Order and Preliminary Injunction and Request for Oral Argument by UNITED THERAPEUTICS CORPORATION. Response to Motion due by 5/30/2025 (Attachments: # 1 Text of Proposed Order)(SMITH, CHRISTOPHER) (Entered: 05/09/2025)MOTION
May 9, 2025Corporate Disclosure Statement. (SMITH, CHRISTOPHER) Modified on 5/12/2025 to remove duplicate text. (sh) (Entered: 05/09/2025)-
May 9, 2025COMPLAINT JURY TRIAL DEMANDED against LIQUIDIA TECHNOLOGIES, INC. ( Filing fee $ 405 receipt number ANCMDC-4085256.)(Related Case # 1:25-00299-TDS), filed by UNITED THERAPEUTICS CORPORATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Summons)(SMITH, CHRISTOPHER) Modified on 5/12/2025 to complete title and add exhibit identifiers. (sh) (Entered: 05/09/2025)COMPLAINT JURY TRIAL DEMANDED