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