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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`—————
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`—————
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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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`—————
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`Case No. IPR2021-00406
`Patent No. 10,716,793 B2
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`—————
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`PATENT OWNER’S NOTICE OF APPEAL
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`4854-5254-7932.1
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`
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`IPR2021-00406
`Patent 10,716,793
`NOTICE OF APPEAL TO THE FEDERAL CIRCUIT
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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 and 90.3(a)(1) that United Therapeutics Corporation (“Patent
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`Owner”) hereby appeals to the United States Court of Appeals for the Federal Circuit
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`from the Final Written Decision entered on July 19, 2022 (Paper 78), the Decision
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`on Request for Rehearing entered on February 2, 2023 (Paper 82), and from all
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`underlying orders, decisions, rulings, and opinions, regarding the inter partes review
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`of U.S. Patent No. 10,716,783 (“the ’793 Patent”) in Case No. IPR2021-00406. This
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`appeal is timely under 35 U.S.C. § 142 and 37 C.F.R. § 90.3.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner further states that
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`the issues on appeal are anticipated to include, but are not limited to:
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`(1) Whether the Board erred in concluding that two references, Voswinckel
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`JESC (Ex. 1007)1 and Voswinckel JAHA (Ex. 1008)2, qualify as prior art under 35
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`U.S.C. § 102(b);
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`1 Voswinckel, R., et al., Abstract 218: “Inhaled treprostinil is a potent pulmonary
`vasodilator in severe pulmonary hypertension,” European Heart Journal 25:22
`(2004).
`2 Robert Voswinckel, Beate Enke, Andre Kreckel, Frank Reichenberger, Stefanie
`Krick, Henning Gall, Tobias Gessier, Thomas Schmehl, Markus G. Kohstall,
`Friedrich Grimminger, Hossein A. Ghofrani, Werner Seeger, and Horst Olschewski,
`Abstract 1414: “Inhaled Treprostinil Sodium (TRE) For the Treatment of Pulmonary
`Hypertension,” Abstracts from the 2004 Scientific Sessions of the American Heart
`Association, Circulation, 110(17 Suppl.):III-295 (October 26, 2004).
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`4854-5254-7932.1
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`1
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`
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`IPR2021-00406
`Patent 10,716,793
`(2) 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 the
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`challenged claims, and whether a skilled artisan would have had a reasonable
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`expectation of success in doing so;
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`(3) Whether
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`the Board erred
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`in
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`rejecting objective
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`indicia of
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`nonobviousness;
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`(4) Whether the Board erred in concluding that claims 1-8 are unpatentable
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`as obvious over Voswinckel JESC, Voswinckel JAHA, and U.S. Patent No.
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`6,521,212 B1 (Ex. 1006);
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`(5) 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 with
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`law, was in excess of statutory limitations and without observance of procedure
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`required by law, or was based on findings unsupported by substantial evidence;
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`(6) Whether the Board erred in any finding or determination supporting or
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`related to those issues, as well as all other issues decided adversely to Patent Owner
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`in any orders, decisions, rulings, and opinions;
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`(7) Whether the Board violated the Administrative Procedure Act in
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`rendering its Final Written Decision.
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`Concurrently with this submission, in accordance with 37 C.F.R. § 90.2(a)
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`and Federal Circuit Rule 15(a)(1), a copy of this Notice of Appeal is being filed with
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`4854-5254-7932.1
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`2
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`
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`IPR2021-00406
`Patent 10,716,793
`the Patent Trial and Appeal Board, and a copy is being filed electronically with the
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`United States Court of Appeals for the Federal Circuit along with the required
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`docketing fee.
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`
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`Dated: April 5, 2023
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`Respectfully submitted,
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`
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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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`4854-5254-7932.1
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`3
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`IPR2021-00406
`Patent 10,716,793
`CERTIFICATE OF SERVICE AND FILING
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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 April 5,
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`2023, 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
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`dkannappan@cooley.com
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`lkrickl@cooley.com
`dcheek@cooley.com
`jdavies@cooley.com
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`
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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 Case Tracking System (P-TACTS)
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`system on April 5, 2023, a true and correct copy of the foregoing PATENT
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`OWNER’S NOTICE OF APPEAL was filed on April 5, 2023, with the Director
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`of the 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 April 5,
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`2023, 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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`4854-5254-7932.1
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`
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