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Liquidia Technologies, Inc., Petitioner v. United Therapeutics Corporation

Docket 23-804, Supreme Court of the United States (Jan. 25, 2024)
Petitioner Liquidia Technologies, Inc.
Respondent United Therapeutics Corporation
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Waiver of right of respondent United - Main Document

Document Liquidia Technologies, Inc., Petitioner v. United Therapeutics Corporation, 23-804, Waiver of right of respondent United, Main Document (U.S. Jan. 29, 2024)
United Therapeutics Corporation Liquidia Technologies, Inc.
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Petition for a writ of certiorari filed - Certificate of Word Count

Document Liquidia Technologies, Inc., Petitioner v. United Therapeutics Corporation, 23-804, Petition for a writ of certiorari filed, Certificate of Word Count (U.S. Jan. 23, 2024)
On Petition for a Writ of Certiorari to the United States Court of Appeals for the Federal Circuit
As required by Supreme Court Rule 33.1(h), I certify that the document contains 8,964 words, excluding the parts of the document that are exempted by Supreme Court Rule 33.1(d).
I declare under penalty of perjury that the foregoing is true andcorrect.
Sworn to and subscribed before me this 23rd day of January 2024.
District of Columbia My commission expires September30, 2027. annsteliingy, f, s A‘waetes, vy6,4, = SG ws tp %,
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Petition for a writ of certiorari filed - Petition

Document Liquidia Technologies, Inc., Petitioner v. United Therapeutics Corporation, 23-804, Petition for a writ of certiorari filed, Petition (U.S. Jan. 23, 2024)
The Federal Circuit’s conclusion that the PTAB’s final written decision nonetheless has “no impact” in this infringement litigation violates this Court’s precedent—on an issue over which it has virtually exclusive jurisdiction among the courts ...
... Ltd., 861 F. App’x 443, 450 (Fed. Cir. 2021) (nonprecedential) (“[R]egardless of the forum, prior art patents and publications enjoy a presumption of enablement, and the patentee/applicant has the burden to prove nonenablement ...
As long as an examiner makes a proper prima facie case of anticipation . . . , the burden shifts to the applicant to submit rebuttal evidence of nonenablement.”).
In addition, Patent Owner argues that there were other factors that might have caused less than all the solution nebulized by a nebulizer to be actually delivered to the patient, none of which Petitioner accounts for.
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Petition for a writ of certiorari filed - Proof of Service

Document Liquidia Technologies, Inc., Petitioner v. United Therapeutics Corporation, 23-804, Petition for a writ of certiorari filed, Proof of Service (U.S. Jan. 23, 2024)
I HEREBY CERTIFYthat on January 23, 2024, three (3) copies of the PETITION FOR A WRIT OF CERTORIARIin the above-captioned case were served, as required by U.S. Supreme Court Rule 29.5(c), on the following:
GOODWIN PROCTER LLP 100 Northern Avenue Boston, MA 02210
18565 Jamboree Road Suite 250 Irvine, CA 92612-2565
1115 H Street, N.E.
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Application to extend the time to file a - Main Document

Document Liquidia Technologies, Inc., Petitioner v. United Therapeutics Corporation, 23-804, Application to extend the time to file a, Main Document (U.S. Dec. 15, 2023)
... Ltd, 861 F. App'x 443,450 (Fed. Cir. 2021) (nonprecedential) ("[R]egardless of the forum, prior art patents and publications enjoy a presumption of enablement, and the patentee/applicant has the burden to prove nonenablement ...
... acceptable [salt thereof]"); Tr. at 462 :15- 24 (Winkler) (confirming that the product claimed by the product-by-process claims "could just be Treprostinil")). shifts to the applicant to submit rebuttal evidence of nonenablement.").
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Application to extend the time to file a - Proof of Service

Document Liquidia Technologies, Inc., Petitioner v. United Therapeutics Corporation, 23-804, Application to extend the time to file a, Proof of Service (U.S. Dec. 15, 2023)
I HEREBY CERTIFY that on December 15, 2023, one (1) copy of the APPLICATION FOR AN
STATES COURT OF APPEALS FOR THE FEDERAL CIRCUITin the above-captioned case was served, as required by U.S. Supreme Court Rule 29.5(c), on the following:
GOODWIN PROCTER LLP 100 Northern Avenue Boston, MA 02210
18565 Jamboree Road Suite 250 Irvine, CA 92612-2565
District of Columbia My commission expires March 14, 2028. eee tttay © S-14-2a }
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