Press Release

Cooley Secures Win for Liquidia to Launch First Product

April 5, 2024

Washington, DC – April 5, 2024 – Cooley successfully overturned a Hatch-Waxman injunction for Liquidia Technologies, a late-stage clinical biopharmaceutical company focused on the development and commercialization of novel products, enabling Liquidia to launch its new drug, Yutrepia.

On March 28, 2024, the US District Court for the District of Delaware granted Liquidia’s Rule 60 motion seeking post-judgment relief to modify portions of the court’s final judgment that blocked the final Food and Drug Administration (FDA) approval of Liquidia’s new drug application for Yutrepia. With this decision, the last remaining patent roadblock preventing final FDA approval of Yutrepia has been lifted, paving the way for Liquidia to launch its first product and meet the needs of pulmonary arterial hypertension patients.

Cooley partners Sanya Sukduang and Jonathan Davies led the Cooley team representing Liquidia.

Cooley previously advised Liquidia on its $53 million initial public offering in August 2018. The team also secured an accolade on The American Lawyer’s Litigation Daily Litigator of the Week Runners-Up and Shout Outs list for securing a win with the US Court of Appeals for the Federal Circuit when it upheld a decision by the Patent Trial and Appeal Board invalidating a patent that United Therapeutics asserted against Liquidia.

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