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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`LIQUIDIA TECHNOLOGIES, INC.,
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`Petitioner,
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`v.
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`UNITED THERAPEUTICS CORPORATION,
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`Patent Owner.
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`Case No. IPR2020-00770
`Patent No. 9,604,901 B2
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`PATENT OWNER’S NOTICE OF APPEAL
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`NOTICE OF APPEAL TO THE FEDERAL CIRCUIT
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`IPR2020-00770
`Patent 9,604,901
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`Notice is hereby given, pursuant to 35 U.S.C. §§ 141, 142, and 319 and 37
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`C.F.R. § 90.2, that Patent Owner United Therapeutics Corporation hereby appeals
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`to the United States Court of Appeals for the Federal Circuit from the Final
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`Written Decision entered on October 8, 2021 (Paper 45), the Decision on Request
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`for Rehearing entered on June 14, 2022 (Paper 49), and from all underlying orders,
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`decisions, rulings, and opinions, regarding the inter partes review of U.S. Patent
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`No. 9,604,901 (“the ’901 Patent”) in Case No. IPR2020-00770.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner further states
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`that the issues on appeal are anticipated to include, but are not limited to:
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`(1) Whether the Board’s Final Written Decision is arbitrary and
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`capricious and otherwise contrary to law because both the Petition and the Board’s
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`Final Written Decision relied on an inadmissible, unsworn declaration in violation
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`of 35 U.S.C. §§§ 23, 25, and 312; 28 U.S.C. § 1746; and 37 C.F.R.
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`§§ 42.104(b)(5), 42.2, and 42.63(a);
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`(2) Whether the Board erred in construing the challenged claims;
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`(3) Whether the Board erred in analyzing the knowledge and level of skill
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`of a person of ordinary skill in the art of the invention;
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`(4) Whether the Board erred in analyzing whether a skilled artisan would
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`have been motivated to combine the asserted references in the manner recited in
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`1
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`the challenged claims, and whether a skilled artisan would have had a reasonable
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`IPR2020-00770
`Patent 9,604,901
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`expectation of success in doing so;
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`(5) Whether the Board erred in rejecting objective indicia of
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`nonobviousness;
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`(6) Whether the Board erred in concluding that claims 1-5, 8, and 9 are
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`unpatentable as obvious over Moriarty1 (Ex. 1009) and Phares2 (Ex. 1008);
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`(7) Whether, in arriving at its decisions, the Board acted in a manner that
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`was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance
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`with law, was in excess of statutory limitations and without observance of
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`procedure required by law, or was based on findings unsupported by substantial
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`evidence.
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`Concurrently with this submission, a copy of this Notice of Appeal is being
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`filed with the Patent Trial and Appeal Board, and a copy is being filed
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`electronically with the United States Court of Appeals for the Federal Circuit along
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`with the required docketing fee.
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`1 Moriarty et al., The Intramolecular Asymmetric Pauson-Khand Cyclization as a
`Novel and General Stereoselective Route to Benzindene Prostacyclins: Synthesis
`of UT-15 (Treprostinil), 69 J. Org. Chem. 1890 (2004).
`2 PCT Application No. WO2005/007081 A9, published Jan. 27, 2005.
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`2
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`IPR2020-00770
`Patent 9,604,901
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`Dated: August 15, 2022
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`Respectfully submitted,
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`By: /Stephen B. Maebius/
`Stephen B. Maebius
`Registration No. 35,264
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`Counsel for Patent Owner
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`3
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`CERTIFICATE OF SERVICE AND FILING
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`IPR2020-00770
`Patent 9,604,901
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`The undersigned hereby certifies that a true and correct copy of the
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`foregoing PATENT OWNER’S NOTICE OF APPEAL was served on August
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`15, 2022, via email, to attorneys for Petitioner at the following addresses:
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`ssukduang@cooley.com
`zLiquidiaIPR@cooley.com
`ielrifi@cooley.com
`emilch@cooley.com
`dkannappan@cooley.com
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`The undersigned certifies that, in addition to being filed electronically
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`through the Patent Trial and Appeal Board End to End (PTAB E2E) system on
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`August 15, 2022, a true and correct copy of the foregoing PATENT OWNER’S
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`NOTICE OF APPEAL was filed on August 15, 2022, with the Director of the
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`United States Patent and Trademark Office at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
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`The undersigned also certifies that a true and correct copy of the foregoing
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`PATENT OWNER’S NOTICE OF APPEAL was filed electronically on August
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`15, 2022, with the United States Court of Appeals for the Federal Circuit.
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`/Stephen B. Maebius/
`Stephen B. Maebius
`Registration No. 35,264
`Counsel for Patent Owner
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`4
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