United States District Court for the Southern District of Alabama

U.S. Federal Circuit Affirms All District Court Rulings in Patent Litigation

Retrieved on: 
Monday, July 24, 2023

Infringement case now only focused on ‘793 patent, previously found to be invalid by PTAB in IPR

Key Points: 
  • Infringement case now only focused on ‘793 patent, previously found to be invalid by PTAB in IPR
    MORRISVILLE, N.C., July 24, 2023 (GLOBE NEWSWIRE) -- Liquidia Corporation (NASDAQ: LQDA) announced today that the Court of Appeals for the Federal Circuit (Federal Circuit) has affirmed all rulings by the United States District Court for the District of Delaware (District Court) in litigation filed by United Therapeutics (UTHR) under the Drug Price Competition and Patent Term Restoration Act (Hatch-Waxman litigation), which alleged that Liquidia’s YUTREPIA™ (treprostinil) inhalation powder infringes U.S. Patent No.
  • 10,716,793 (‘793 Patent).
  • UTHR has appealed the PTAB’s decision to the Federal Circuit and briefing should be completed in the fourth quarter of 2023.
  • If the Federal Circuit upholds the PTAB decision, then Liquidia will seek final regulatory approval for YUTREPIA.

VERTEX DEADLINE ALERT: Bragar Eagel & Squire, P.C. Reminds Investors that a Class Action Lawsuit Has Been Filed Against Vertex Energy, Inc. and Encourages Investors to Contact the Firm

Retrieved on: 
Saturday, June 10, 2023

Investors have until June 12, 2023 to apply to the Court to be appointed as lead plaintiff in the lawsuit.

Key Points: 
  • Investors have until June 12, 2023 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
  • According to the Complaint, the Company made false and misleading statements to the market.
  • In fact, these transactions caused the Company to lose $125 million in loses during the class period.
  • Based on these facts, the Company's public statements were false and materially misleading throughout the class period.

Liquidia Corporation Reports First Quarter 2023 Financial Results and Provides Corporate Update

Retrieved on: 
Thursday, May 4, 2023

MORRISVILLE, N.C., May 04, 2023 (GLOBE NEWSWIRE) -- Liquidia Corporation (NASDAQ: LQDA) (Liquidia or the Company) today reported financial results for the first quarter ended March 31, 2023.

Key Points: 
  • MORRISVILLE, N.C., May 04, 2023 (GLOBE NEWSWIRE) -- Liquidia Corporation (NASDAQ: LQDA) (Liquidia or the Company) today reported financial results for the first quarter ended March 31, 2023.
  • ET to discuss the financial results and provide a corporate update.
  • In January, HealthCare Royalty (HCRx) agreed to provide Liquidia an aggregate of up to $100 million upon certain events.
  • Liquidia continues to anticipate that it will reach final legal resolution in late 2023 or the first half of 2024.

VERTEX ALERT: Bragar Eagel & Squire, P.C. Announces that a Class Action Lawsuit Has Been Filed Against Vertex Energy, Inc. and Encourages Investors to Contact the Firm

Retrieved on: 
Wednesday, March 8, 2023

Investors have until May 2, 2023 to apply to the Court to be appointed as lead plaintiff in the lawsuit.

Key Points: 
  • Investors have until May 2, 2023 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
  • According to the Complaint, the Company made false and misleading statements to the market.
  • In fact, these transactions caused the Company to lose $125 million in loses during the class period.
  • Based on these facts, the Company's public statements were false and materially misleading throughout the class period.

SEC Charges Final Participant in Multi-Million Dollar Scheme to Spread and Trade on False Rumors about Public Companies

Retrieved on: 
Thursday, February 16, 2023

The SEC previously charged Barton Ross , Mark Melnick , Anthony Salandra , and Charles Parrino for their roles in this scheme.

Key Points: 
  • The SEC previously charged Barton Ross , Mark Melnick , Anthony Salandra , and Charles Parrino for their roles in this scheme.
  • Patel also disseminated the rumors to Melnick, a host of a stock trading webcast, who shared them with his webcast subscribers.
  • The SEC’s investigation was conducted by Martin Zerwitz of the Enforcement Division’s Crypto Assets and Cyber Unit and Jonathan Austin.
  • The SEC appreciates the assistance of the U.S. Attorney’s Office for the Northern District of Georgia and the FBI.

U.S. Court of Appeals for the Federal Circuit Rules in Favor of Merck in Sitagliptin Dihydrogen Phosphate Patent Lawsuit

Retrieved on: 
Thursday, September 29, 2022

Viatris had challenged validity of U.S. Patent No.7,326,708 in an inter partes review before the U.S. Patent Office.

Key Points: 
  • Viatris had challenged validity of U.S. Patent No.7,326,708 in an inter partes review before the U.S. Patent Office.
  • On May 7, 2021, the Patent Office issued a decision in Mercks favor, finding all challenged claims valid.
  • Viatris appealed that decision to the Court of Appeals for the Federal Circuit, which today affirmed the decision.
  • Viatris had previously challenged validity of the patent in a case filed in the U.S. District Court for the Northern District of West Virginia.

Worlds Files Petition for Writ of Certiorari With U.S. Supreme Court

Retrieved on: 
Thursday, June 9, 2022

(OTCQB: WDDD) filed a Petition for a writ of certiorari with the United States Supreme Court, requesting that the Supreme Court review the March 10, 2022 decision of the U.S. Court of Appeals for the Federal Circuit and the adverse District Court decision from April 30, 2021.

Key Points: 
  • (OTCQB: WDDD) filed a Petition for a writ of certiorari with the United States Supreme Court, requesting that the Supreme Court review the March 10, 2022 decision of the U.S. Court of Appeals for the Federal Circuit and the adverse District Court decision from April 30, 2021.
  • In addition to the Petition for writ of certiorari, is asking the Supreme Court to clarify the test applied by courts when deciding questions of patent eligibility.
  • In 2021, the Supreme Court asked the United States Solicitor General to comment on a pending petition for writ of certiorari filed in another case involving patent eligibility determinations.
  • June 2022 Worlds files petition for a writ of certiorari asking the Supreme Court to review the adverse District Court decision and to clarify the test applied by courts when deciding questions of patent eligibility.

NCLA Appeals District Court Ruling Allowing Government to Unlawfully Track Gulf Charter Vessels

Retrieved on: 
Thursday, March 3, 2022

NCLA represents charter boat owners operating off the coasts of Alabama, Florida, Louisiana, Mississippi, and Texas, who are seeking relief against the Final Rule.

Key Points: 
  • NCLA represents charter boat owners operating off the coasts of Alabama, Florida, Louisiana, Mississippi, and Texas, who are seeking relief against the Final Rule.
  • In November 2021, NCLA was successful in petitioning the Government to delay the effective date of theFinal Ruleto March 1, 2022.
  • The District Court erroneously skirted the post-Patel approach, whereby extensive regulation and licensing requirements are not enough for the pervasively regulated exemption.
  • NCLA released the following statement:
    Taking people fishing in the Gulf of Mexico is neither a federal crime nor a closely regulated industry.