Supreme Court of the United States · Official docket →
Liquidia Technologies, Inc. v. United Therapeutics Corporation
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-2217, 2023-1021 · judgment July 24, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Under the Leahy-Smith America Invents Act (“AIA”), a party may challenge the validity of a patent in an inter partes review proceeding before the Patent Trial and Appeal Board (“PTAB”) and obtain a decision regarding the patent’s validity. In this case, the PTAB issued a final written decision holding that a patent held by Respondent United Therapeutics, Inc. (“UTC”) was invalid. Subsequently, however, the Federal Circuit held that Petitioner Liquidia Technologies, Inc. (“Liquidia”) was liable for induced infringement of the same patent, notwithstanding the PTAB’s invalidity determination. In the Federal Circuit’s view, the PTAB’s decision had “no impact” on this infringement litigation, primarily because the PTAB’s decision was pending on appeal. The questions presented are:
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Whether a party may be liable for induced patent infringement when the PTAB has already issued a final written decision determining that the same patent is invalid.
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Whether a final written decision of the PTAB remains preclusive while it is pending on appeal.
Counsel of record
For petitioner
Kathleen Roberta Hartnett
Cooley LLP
For respondent
William McGinley Jay
Goodwin Procter, LLP
Proceedings
- Feb 20 2024Petition DENIED. Justice Jackson took no part in the consideration or decision of this petition. See 28 U. S. C. §455 and Code of Conduct for Justices of the Supreme Court of the United States, Canon 3B(2)(d)(ii) and 3B(2)(f)(i).
- Jan 31 2024DISTRIBUTED for Conference of 2/16/2024.
- Jan 29 2024Waiver of right of respondent United Therapeutics Corporation to respond filed.
- Jan 23 2024Petition for a writ of certiorari filed. (Response due February 26, 2024)
- Dec 20 2023Application (23A565) granted by The Chief Justice extending the time to file until January 24, 2024.
- Dec 15 2023Application (23A565) to extend the time to file a petition for a writ of certiorari from December 25, 2023 to January 24, 2024, submitted to The Chief Justice.