Liquidia (LQDA) – Drug Commercialization – 100%+ Upside


Current Price: $12.3

Target Price: $25+

Upside: 100%+

Estimated Timeline: 1 Year

 

This is a rather unusual pick for SSI. A pre-revenue pharma company at $1bn market cap. On top of that Liquidia’s stock has almost doubled over the last month after the company won a patent infringement lawsuit. You might think that the easy money in this situation has already been made and now the hard and uncertain part of commercialization remains. I think the opposite. Court decisions are inherently uncertain and the market is usually correct in pricing the risks. Arbitraging legal decisions is very hard. Yesterday’s verdict on SAVE/JBLU merger (which was as close to a slam-dunk as it gets) should be a dose of reality for anyone with a different opinion. Liquidia’s victory in the patent lawsuit removed the risk of further litigation, more years with no revenues, and zero from the equation. The company is now on a clear path to commercialization with an easy reference for the potential of its drug. If these efforts are successful (and there are reasons to think they will be), Liquidia’s share price could easily double again over the next year and even end up as a multi-bagger over a longer time frame.

Key points of the bullish thesis:

  • United Therapeutics (UTHR) has a $10bn market cap. UTHR’s largest and fastest-growing drug is Tyvaso, which includes a generic active compound treprostinil, but has a proprietary delivery system/formulation. The drug already accounts for 50%+ revenues and has reached $1.3bn in run-rate revenues. Further UTHR growth is also expected to come from Tyvaso’s already-approved and to-be-approved indications. It could be easily argued that Tyvaso drug accounts for the vast majority of UTHR’s value.
  • Liquidia has received tentative FDA approval for its drug Yutrepia with the same active compound but with a more effective delivery system/formulation. Currently, Yutrepia and Tyvaso are the only approved drugs for certain pulmonary hypertension indications. Liquidia’s market cap is only $1bn.
  • UTHR has blocked Liquidia’s commercialization efforts, and for the last 3 years the companies have been battling in a patent infringement lawsuit. Only due to this lawsuit FDA’s approval was tentative vs the full one. This culminated in Dec’23 with Liquidia’s victory. Yutrepia’s commercialization is set to begin in April 2024 or earlier, when the final procedural steps in the lawsuit are closed and the FDA grants full approval.
  • LQDA’s Yutrepia is expected to quickly gain market share due to its superior delivery system/formulation, which allows for higher dosage and has fewer side effects. The sales force is onboarded and already hitting the ground. Commercial supply is available to meet 1st year’s demand. Management has been in active discussions with payers over the last couple of years. The company is fully funded to reach profitability. So all is set for a fast launch once Yutrepia is greenlighted.
  • The market, which is currently targeted by UTHR alone, will be split between the two companies, and eventually, LQDA will take the lion’s share due to its superior treatment characteristics. The valuations of the two companies should shift accordingly.
  • LQDA is run by Roger Jeffs, who was a co-CEO of United Therapeutics. He joined UTHR in its start-up phase and had an 18-year-long tenure, initially as director of R&D, then COO, and eventually co-CEO with the company’s founder/chairman. He was instrumental in bringing to market and commercializing Tyvaso along with 5 other rare disease drugs. He knows the market for Tyvaso/Yutrepia inside out and is well-positioned to lead Liquidia’s commercialization efforts. Roger has a 4% stake in LQDA ($37m in value) + 1.5m of in-the-money unvested options and stands to benefit immensely from the company’s growth.
  • Adding further confidence in the success of Yutrepia’s commercialization, a prominent healthcare investor, Patient Square Capital, has just invested $75m for an almost 10% stake at $10.4/share (vs $12.4 currently).
  • As soon as the first sales numbers start rolling with Q2 and Q3 financials, the market is likely to revalue Liquidia. Earlier catalysts between Jan-Apr include the finalization of procedural steps of the already concluded litigation, shift of FDA’s approval from tentative to full as well as FDA’s approval for adding additional indication to Yutrepia’s label.

I will elaborate on some of these points in the write-up below, but for additional reference, I would recommend reading through these two articles – both were posted before LQDA won the patent lawsuit, but have plenty of details that are still relevant.

  • VIC article from Sep’23 – a quick read to get up to speed on the situation.
  • Valorem Research from Dec’22 – you can skip the middle part which deals with the already-resolved litigation, but the intro and the second half are very informative and include discussions on commercialization growth and drug pricing impacts from the increased competition (btw, I am a subscriber and would recommend this blog to anyone interested in litigation-driven special sits).

Another good starting point is the recent Liquidia investor presentation and transcript.


Quick background on PAH, United Therapeutics and Tyvaso

Before we dive into Liquidia’s setup, below is some relevant background information on UTHR and its key drug Tyvaso.

PAH and PH-ILD: Pulmonary arterial hypertension (PAH) and pulmonary hypertension associated with interstitial lung disease (PH-ILD) are rare but severe conditions that affect the arteries in the lungs. In PAH, the arteries become narrowed, making it difficult for blood to flow smoothly to the lungs. This can lead to a buildup of pressure in the pulmonary arteries, which can strain the heart and eventually lead to heart failure. PH-ILD is a type of pulmonary hypertension that occurs in people who already have interstitial lung disease (ILD), a group of lung diseases that cause scarring and damage to the lungs.

Tyvaso (treprostinil): Tyvaso is a long-acting medication developed by United Therapeutics that contains treprostinil, a synthetic prostacyclin analog. Prostacyclin is a naturally occurring substance that helps relax blood vessels and improve blood flow. Compared to this naturally occurring substance, treprostinil offers more flexibility in administration, longer duration of action, and fewer side effects, making it a more favorable treatment option. Tyvaso was approved by FDA for the treatment of PAH in 2013 and for the treatment of PH-ILD in 2021. Tyvaso has become the company’s most profitable drug, accounting for over 53% of Q3 2023 revenues and showing the fastest growth. It is expected to remain a key driver of growth in the coming years. The majority of the rest of UTHR revenues are from injectable (Remodulin) and oral (Orenitram) treprostinil, also used to treat PAH. So in a way, the whole UTHR is built on treprostinil, which in its various formulations accounts for 90% of the company’s revenues.

Nebulized Tyvaso: Tyvaso is available in two formulations: nebulized and dry powder inhaler (DPI). They differ in how they deliver treprostinil to the lungs and in their convenience and portability. Nebulized Tyvaso is delivered into the lungs using a nebulizer, a device that atomizes the medication into a fine mist by breaking it down into tiny droplets using compressed air or oxygen. Nebulizer therapy has been the standard method of delivering treprostinil for many years (and naturally occuring prostacyclin from even earlier). However, nebulizer therapy can be inconvenient and time-consuming, and it may not be as effective as other delivery methods for some patients. Nebulizers are typically used for patients who have difficulty inhaling medication on their own.

Tyvaso DPI: A dry powder inhaler (DPI) formulation of Tyvaso, was launched by United Therapeutics in June 2022. DPIs deliver medication in the form of a dry powder. This powder is composed of tiny particles that are small enough to be easily aerosolized (turned into a fine mist) when the user inhales through the device. Once inhaled, these particles are deposited deep into the lungs, where they can be absorbed into the bloodstream and deliver the medication’s therapeutic effects. DPIs are easier to use, way smaller, more portable, and less likely to cause side effects than nebulizers. The launch of Tyvaso DPI has been a major success for United Therapeutics – just one year after the approval this new formulation is already contributing almost 2/3rds of Tyvaso revenues (see chart below from the recent Liquidia’s investor presentation) at $1bn projected run-rate revenues. As a result, DPIs are becoming increasingly popular for the treatment of PAH and PH-ILD and might expand this delivery method to a broader PH patient population.

LQDA 1

Further growth: Aside from the already approved indications for PAH and PH-ILD, United Therapeutics sees further Tyvaso growth coming from the treatment of interstitial lung diseases IPF (idiopathic pulmonary fibrosis) and PPF (progressive pulmonary fibrosis). This would expand the potential patient population from 75k to 225k (from UTHR presentation). The company is currently running phase 3 trials for both indications. An approval would ultimately unlock additional markets for both United Therapeutics as well as Liquidia.

LQDA 2 UTHR Tyvaso

 

Liquidia’s victory in patent infringement lawsuit

LQDA developed a competing DPI formulation of treprostinil, called Yutrepia, and in Nov 2020 submitted a New Drug Application to the FDA for the treatment of PAH. However, UTHR filed a lawsuit against Liquidia, alleging that Yutrepia infringed on certain of its patents. The patents are related to the manufacturing and delivery of treprostinil, rather than the compound itself, which is considered to be a generic. FDA granted Yutrepia tentative approval in November 2021, but the approval was subject to a 30-month stay, which was triggered by the UTHR’s patent infringement lawsuit.

This sparked a lengthy legal battle between the two companies, with UTHR seeking to block Liquidia from bringing Yutrepia to market. In December 2023, Liquidia scored a victory when a federal court ruled that the allegedly infringed United Therapeutics patent was invalid, effectively clearing the way for Liquidia to start commercializing Yutrepia. Only a few procedural hurdles remain to fully close the patent dispute, lift the injunction, and secure final FDA approval. These are only procedural steps and are expected to progress smoothly, paving the way for Yutrepia’s commercial launch for PAH treatment as early as April 2024.

Additionally, Liquidia has also made progress in gaining approval for Yutrepia for the treatment of PH-ILD. The company filed an amendment to its NDA for Yutrepia, seeking to add PH-ILD to the label (UTHR wants to challenge this, but is unlikely to be successful). The FDA has set a PDUFA date on January 24, 2024 for the amendment. As this is just an addition to the label and UTHR’s Tyvaso has already been approved for this treatment, FDA’s decision is very likely to be granted. The same would likely follow for any other treatments that Tyvaso gets approved for.


Torelability at higher doses – the key differentiation between Tyvaso and Yutrepia

I am as far removed from being a pharmacological expert as any layman you might encounter on the street, but I think LQDA’s management explains the difference between Yutrepia and Tyvaso very well in the latest presentation (slides 7-14 + transcript). They are obviously biased, however, the arguments management presents are supported by the results of clinical studies. Yutrepia appears to have the strongest advantage over Tyvaso DPI in terms of tolerability at higher doses and titratability (ability to adjust dose precisely).

Larger doses of Tyvaso/Yutrepia are required as the illness progresses and correlate with improved effectiveness of the treatment. The key problem with Tyvaso DPI is that patients do not seem to be able to tolerate higher doses of the drug due to side effects. As a result, Tyvaso DPI has high discontinuation rates. The study in the slide below had the average time on therapy of only 3-6 months before patients discontinued or switched (back) to nebulized Tyvaso formulation. So it is not the drug, but rather the delivery method that is ineffective. Other studies have shown the median-time on Tyvaso and Tyvaso DPI to be around 2-3 years as the illness progresses and patients need to move to different kinds of treatments.

LQDA 2 UTHR Tyvaso Discontinuation

While that is bad news for patients, it is very good news for Liquidia. The patient population is rolling over every few years, meaning that Liquidia does not need to convince the existing Tyvaso DPI users to switch (which might be difficult) but can concentrate on new patients, who will have a choice between Tyvaso and Yureptia, or those patients that tried Tyvaso DPI but had to discontinue due to its side effects.

On top of that, Yutrepia is much better tolerated at significantly higher doses than what has been tried with Tyvaso.

“What we’ve learned, at least in PH patients, through this open-label extension study is that as patients progress over time, so here it’s showing 2 months, 12 months, 24 months, the doses on the left and the comparable breaths of TYVASO is on the right. The target breath dose is that gray bar. 9 to 12 breaths, that’s what’s in the indication label for TYVASO and TYVASO DPI.

You can see, over time, the blue bars’ median dose that were at 15 breaths equivalents, and at 24 months, 51% of patients are above 132.5 or 15 breath equivalents of TYVASO with a max dose now at 30 breaths equivalents. This is completely changing the therapeutic profile of inhaled treprostinil. So these are at levels in terms of dose that have never been seen before. This is the clinical value and utility of YUTREPIA.

LQDA 3 study

Below are a few more excerpts from the call – management does a great job at explaining the differentiation of Yureptia and the market it is going to target:

“We’ve shown it’s titratable. Again, I showed you the curves where both the median dose and the max dose are increasing admirably over time. And then we’re trying to prolong the treatment. Again, it will help from — it will help the patients and will help from a revenue curve the longer we treat. So our goal with this type of profile is to be the best-in-class and first-in-choice prostacyclin.

And what does that mean? So that means we’re not just going to try to take the inhaled market. We’re going to go after the oral market. So when a physician decides to add a prostacyclin in pulmonary arterial hypertension, they add YUTREPIA, and that will delay the time for the need for a more onerous parenteral therapy. So dose matters. And again, I think this is well published data, and it’s across all routes, but I’ll just show you specifically for inhaled treprostinil first in PH and then I’ll show it too in PH-ILD.

<…>

Our label will encompass these higher doses. So if you look down to the dose titration described in the label, this is from our original submission. It included doses up to 24 breath equivalents of TYVASO. The competitive molecule only has 11 to 12 breaths as their target indicated dose.

So we’ll differentiate on the most critical aspect of the utility of a prostacyclin, and an inhaled prostacyclin in particular, as you’ve seen, by dose, and we’ll do it with a low-resistance device. Our product requires no refrigeration during the product lifetime and no loss of powder or required device orientation to deliver. So if you drop the device, no spillage. Theirs is more sensitive and could spill drug if dropped.”


Will Liquidia succeed in commercialization?

That’s probably the key question and the reason why UTHR sports a $10bn market cap and LQDA remains at only $1bn. Having a superior drug formulation by itself is not a guarantee of commercial success. Usually, there is a long and slow process from the start of commercialization and multi-billion dollar valuation. However, I think that we will see this play out at fast-forward speed for Liquidia.

Firstly, having Roger Jeffs leading the company is a real advantage. He knows the market, he knows the players and he is very well motivated financially (4% stake + options). Most importantly he knows the competition intimately from his 18-year-long tenure at United Therapeutics (as COO and then as co-CEO), where he was instrumental in developing and commercializing Tyvaso and 5 other rare disease drugs. He should have no problems replicating the same success for a superior drug.

Then, we have a strong sales team that has been already onboarded at Liquidia. While the current count of sales reps is only 50 (UTHR has a few hundred), the team has plenty of prior experience in the field and looks well-positioned to move fast. Additionally, it is highly encouraging to see Liquidia investing in its sales force and actively engaging with the market, even before the patent litigation had reached a resolution. If/when Yureptia starts taking market share from Tyvaso, and the word about it spreads, it should be fairly easy to expand the team and attract the best talent from United Therapeutics. This 50-strong starting team only needs to light the fuse.

So the other question is, are you — when will you be ready to launch? We’re ready now. So that’s the good news. So we have 50 sales reps that we onboarded in October. They’re very scientifically fluent and commercially capable. They have 10 years of rare disease experience on average, and about 60% to 70% of them have direct PAH experience, as you can see from companies at the bottom.

If not, they’re the superstars from the rare disease field and are used to these high-touch patients, and how to promote and sell into this space. As I said, we put them in the field early. That was a bit at risk, but we wanted them trained and ready to go. Scott’s had his team ready to go since January 1. So again, ready today. We’re just waiting on the final things to happen from a process standpoint.

Finally, UTHR appears to be pulling out all the stops to delay the inevitable commercialization of Yureptia, disregarding how unlikely these efforts are to prevail in court. VIC article also notes that back in 2020 UTHR supposedly offered $8/share for the licensing of Yureptia, but the offer was rejected by Liquidia (the PR on the received offer, but I was not able to confirm the $8/share figure). This gives additional confidence that LQDA is on to something big and might fully disrupt UTHR’s business.


Thoughts on pair trade: long LQDA, short UTHR

I am basing my whole thesis on the relative value of UTHR vs LQDA, rather than modeling what earnings/cash flows Yureptia might generate (albeit $1.3bn in Tyvaso high margin run-rate revenues and $0.9bn in TTM net income shows that the $10bn UTHR market cap at least makes sense directionally). My implicit assumption is that the market is correct regarding the total value of Tyvaso/Yureptia future sales and just that this value will shift from one company to the other. While there are many drawbacks to this kind of thinking, it helps to avoid various unknowns, such as how big is the total market, what else might disrupt the market for these drugs (e.g. Merck appears to be developing a new type of drug for PAH), or how much additional growth remains for the existing or to-be-approved indications. I do not think I would be able to assess these with any accuracy, so taking the easier approach kind of makes sense.

But should I then hedge my LQDA long with a short position in UTHR? I think this might backfire. From a quick look at UTHR share price (almost at all-time highs) it might seem that shareholders of United Therapeutics are completely oblivious to the pending commercialization of a superior competing drug. However, UTHR is already trading at an undemanding valuation of PE=10, with 15% revenue growth and high FCF conversion. So some negativity is already reflected in UTHR’s share price. The ongoing Phase 3 trials to add new indications to the label might expand the market further and leave sufficient room for continued growth for both companies, even if the thesis of Liquidia gaining market share proves correct. In other words, this is not necessarily a zero-sum game. And if Liquidia fails in commercialization, then I would likely lose on both legs of the hedged trade. So I am staying with the long-only position.

239 comments

  1. Thanks for this interesting idea. Is there any IP protection for Yutrepia? If LQDA doesn’t infringe on Tyvaso IP could UTHR do the same and improve Tyvaso tolerability by copying Yutrepia?

    1
    Reply
      1. As the compound is generic, all the IP for these drugs centers on the production of the compound and the delivery system. And like George explains, LQDA has proprietary PRINT micro- and nano-particle fabrication technology, which, is the key for the effectiveness and tolerability of Yutrepia. Even if competitors developed a similar technology (which will take years and which is protected by patents and trade-secrets), they would need to go through the whole process of trials and FDA approval and then finding a manufacturer, which could actually produce this. So it would be a lengthy process.

        1
        Reply
  2. Why ignore the Merck product? If it’s a big as expected, it moves trip back from third line to fourth line therapy in pah shrinking the market for both Tyvaso and Yut. 1 key factor I have observed in serious rare disease is an unwillingness by hcp and patients to “rock the boat” for existing patients event for an incrementally improved product (see tracleeer vs letairis in pah). If you are then looking at new patient churn vs switch, the adoption of liquidia could be slowed considerably esp if merck’s product is newly introduced ahead of the trep products.

    2
    Reply
      1. Further to mjc’s post, I found the following on Merck’s potential new drug:

        https://www.merck.com/news/merck-receives-priority-review-from-fda-for-new-biologics-license-application-for-sotatercept-an-activin-signaling-inhibitor-to-treat-adults-with-pulmonary-arterial-hypertension-pah/

        https://www.hcplive.com/view/fda-grants-priority-review-sotatercept-pulmonary-arterial-hypertension
        The FDA has set a Prescription Drug User Fee Act (PDUFA) date of March 26, 2024.

        https://www.clinicaltrialsarena.com/news/merck-sotatercept-pah/?cf-view
        This site estimates a regulatory approval in the US within 370 days from the filling, which should happen in August 2024.

        I have no pharmaceutical experience or knowledge. So would appreciate the wider community’s comments.

        1
        Reply
      2. I am not ignoring the product that Merck is developing and have mentioned it in the write-up. As I explained, my approach is that the market is correct regarding the total value of Tyvaso/Yutrepia future sales and just that this value will shift from one company to the other. With $10bn market cap for UTHR valuation, the market does not seem the revenues from Tyvaso are falling off the cliff anytime soon.

        If you believe that there are other drug/drugs that will disrupt the current duopoly of LQDA/UTHR (or will-be-duopoly) causing the pricing to go down, then having a hedged trade with long LQDA and short UTHR would position you better for the increased competition in the market.

        And then in terms of Merck product specifically, from my read it is supposed to be an ‘add-on’, so it would be prescribed together with existing treatments for PAH.

        “sotatercept would be the first non-vasodilator therapy for PAH and would provide a potentially disease-modifying add-on therapy for patients on standard background therapy.

        2
        Reply
          1. While sotatercept will indeed be an add on, it is expected to be added upstream of inhaled trep which would delay new patients from starting inhaled trep as their 3rd/4th option (behind PDE5, ERA, sotatercept, oral PCs?) which I do think could lead to a shrink of the inhaled PC space specifically in PH (not sure if sotatercept has an off-label role in the other trep markets). A gap in new patients following sotatercept launch would seem to hit Liquidia harder than UTHR as UTHR already has the patient base and historically switch between products for current patients is rare in PAH, so Liquidia will have to rely on new patient starts.

            0
            Reply
  3. What impact do you think the introduction of a new competitor will have on the pricing and revenue for these products? It seems that you are generally assuming that LQDA will get a larger portion of the pie over time as the benefits of Yutrepia are revealed, but will the pie get smaller due to pricing pressure?

    1
    Reply
      1. The short answer is that in duopoly markets the pricing pressure is minimal and the pie does not get smaller. The Valorem article, that I have linked in the write-up, has a whole section discussing this topic, see ‘PAH and PH-ILD commercialization growth’. https://www.valoremresearch.com/p/waiting-with-bated-breath-for-liquidia

        Also superior properties of Yutrepia might even expand the population of patients that use inhaled treprostinil.

        Management had the following comment when asked about pricing in the latest conference call. This kind of hints they will be competing on the superiority of the product rather than pricing.

        “How are you guys thinking about pricing? Is this going to be a premium product, priced at parity or discount to TYVASO?

        Yes. So obviously, it’s one of the areas of launch that we’ve been thinking about and strategizing and having a lot of discussions about. We’re not going to divulge our specific pricing strategy. I think our goal from day 1 has always been to make sure have — that patients have choice. Patients haven’t had choice in 20 years in this space, and we want to make sure that patients have the option to be able to get our product.

        And we’re committed to that goal, and that is top of mind in all of our thinking. We have great relationships with the payers. We’ve had discussions with them over the last couple of years. They’ve obviously ramped up and are aware of the situation. And we are — like I said, our main commitment is to patients in PAH and PH-ILD, and we’re going to do what we need to do to make sure that they have access to our product.”

        1
        Reply
  4. Is there actual conclusive evidence that Yutrepia is actually better? Was looking through the UTHR J.P. Morgan healthcare conference and they pointed out:

    Summary:

    Tyvaso DPI – Low Flow Device:

    – First and only DPI that delivers to distal lungs for PAH
    – No maximum label dose
    – Deep lung delivery (this seems huge advantage)
    – Room temperature delivery
    – Very high patient satisfaction
    – No cleaning required
    – 1 breath per cartridge

    Yutrepia – High Flow Device:

    – Chaotic airflow. Gets stuck in the throat.
    – Most of the drug does not get down to where it needs to go.
    – Requires 3.3 times more powder for similar Treprositinil exposure compared to Tyvaso DPI.

    Essentially Liquidia is saying their higher doses are tolerated better than tyvaso dpi. Uthr saying liquidia needs 3.3x the dose bc it does not get as deep into lungs. Feels like benefits are a bit murky if true? Not 100% sure I guess.

    1
    Reply
      1. Of course UTHR would claim Tyvaso is more effective than Yutrepia, and they will always be able to find quotes from scientific papers to support these claims (especially when some of these scientific papers are from MannKind, which has developed the technology and licensed it to UTHR). Also, it is not a black vs white case – both treatments are effective to a certain degree and we are talking about reduction of side effects that allow the drug to be used longer and in higher doses. There might be certain advantages to the ‘low flow’ claim (which seems to be their key argument repeated across all seven slides), but Yutrepia is not only about higher-flow, it is also about much smaller particles. So you cannot take the ‘low-flow’ argument in isolation.

        Also if we judge drugs’ relative efficacy just by the info presented in LQDA’s and UTHR’s presentations: LQDA’s arguments are founded on statistical info from recent studies, whereas UTHR slides are full of colorful pictures and large font titles rather than any stats. The question you should ask is why isn’t UTHR refuting the claims about higher Yutrepia’s efficacy with hard statical data in their presentations.

        Lastly, while I am not in a position to refute the claims made by UTHR with any credibility (I am not an expert in the field), LQDA’s explanation of Yutrepia’s effectiveness seems more intuitively sound and therefore appears more credible in my eyes.

        3
        Reply
          1. UTHR has always been excellent at crafting strong marketing messages. There is a case to make the Ventavis (inhaled iloprost) has superior efficacy in PAH, albeit less convenient than Tyvaso, but UTHR has owned the inhaled space going back to 2010s and clearly build a dominant market share for Tyvaso.

            Reply
          2. What revenue/share target do you think they need to grow their MC?

            Back of envelope math as thought experiment.
            $1.3B market size for trep (DPI + neb) currently based on UTHR revenue – do we know the % US and % PAH for space Liquidia would play in?
            Assume 80% for each (aggressive) = 830M in sales at current pricing.
            For a similar revenue/MC, we would want 200M/yr in revenue for supporting the current $1B Liquidia market cap (~25%) requiring a higher % share of NRx (33%+?) to account for high drop off of new patients on any inhaled

            Where would you push back on this quick and dirty attempt?

            Reply
          3. UPDATES:
            On cuts to current trep revenue:
            – I missed the Tyvaso is US only via UTHR, so that could be pushed to 100% in my calcs
            – Based on Liquida deck, they imply 33% of revenue is from PAH-ILD vs. PAH, but liquidia has a supplement into FDA to expand their label to include ILD so this could be in play and as ILD is a newer market for trep with fewer options this may be a more naive patient heavy segment (400 of 1.2B Q1-Q132023, https://www.liquidia.com/static-files/83cf40bb-70ba-4345-90ed-307e89e0bafb)

            Still feels like the current MC expects a solid, albit not spectacular launch of 25%+ class share without ILD into an entrenched player (15-20% with ILD)

            Reply
          4. Okay this is all fair…I am not an expert in the field either. I guess now that the legal issues are behind LQDA, the real question is how well the marketing execution will go.

            Reply
          5. mjc, I am not sure I fully follow your math.

            On revenues/mcap multiple, there seems to be plenty of room for LQDA upside given the 10x difference in market caps of both companies, even if LQDA only gains 20%-30% of the market (I think they will gain more).

            Reply
  5. Liquidia
    LQDA
    said Tuesday that United Therapeutics
    UTHR
    sought the dismissal of certain claims in a patent infringement under litigation in the US District Court for the District of Delaware over Liquidia’s proposed Yutrepia product.

    The dismissal of the claims related to the so-called 793 Patent would mean only the claims related to the 327 Patent remain in the litigation, Liquidia said in a regulatory filing.

    Liquidia has said the 327 Patent was not issued prior to its filing of both the original and amended new drug application for Yutrepia (treprostinil) inhalation powder, which is indicated for the treatment of pulmonary arterial hypertension.

    Liquidia said it “does not believe that United Therapeutics is entitled to a statutory 30-month regulatory stay” on the US Food and Drug Administration’s final approval of Yutrepia.

    1
    Reply
      1. The FDA could not approve the NDA application on time, as they are still reviewing the addition of the PH-ILD indication as an amendment to the NDA. The request to amend the NDA was filed back in July of 2023, so it’s a bit strange that half a year was not enough to approve the amendment. On the other hand, management continues to prepare for commercialization on March 31, 2024, as the exclusivity for Tyvaso expires. Moreover, the FDA did not request any additional clinical data, which is somewhat reassuring. New PDUFA data has not been issued yet.

        https://www.bamsec.com/filing/110465924006477?cik=1819576

        2
        Reply
          1. Did they state a new PDUFA date would be issued? Typically that isnt the case, rather its just one of the cases the FDA missed the deadline and will rule when they choose to rule.

            Reply
  6. How about playing this with out of the money call options at 1 year?

    Reply
      1. Assuming it only doubles, then you get about the same return (2.5x vs 2x) as owning stocks but with 100% risk.

        1
        Reply
  7. UTHR continues the delay tactics and in a pretty unusual move has now sued the FDA, claiming the regulator bent the rules for LQDA. UTHR argues that allowing LQDA to attempt securing approval for the additional PH-ILD indication by filing an amendment to the already exiting NDA, instead of a completely new NDA, has allowed LQDA to avoid a potential stay of up to 30 months on the approval for PH-ILD. What this means is that if LQDA submitted a new NDA instead of an amendment, UTHR could have claimed patent infringement on PH-ILD, triggering the stay. UTHR argues LQDA’s case is not consistent with precedents and is now trying to force FDA to revert the process and compel LQDA to file a new NDA.



    Suing the regulator seems like a pretty desperate attempt and confirms how threatened UTHR is by LQDA’s Yutrepia. The are two more important aspects:
    – This legal maneuver primarily impacts the PH-ILD indication, leaving the approval for PAH indication unaffected. However, it is likely to cause additional delays for both approvals, as the FDA cannot approve the amended NDA until the PH-ILD issue is resolved. Unless LQDA removes the PH-ILD indication (leaving only PAH) in another amendment, the PAH approval could also face delays.
    – Some people on fintwit suggest that UTHR’s attempt to trigger a stay on LQDA’s PH-ILD may be flawed, as it filed the 327 patent infringement only after the NDA amendment. Even if LQDA had submitted a new NDA, the stay might not have applied. This could mean that even if LQDA chooses to amend the current NDA again (removing PH-ILD), expedite PAH approval, and file a new NDA for PH-ILD, the delay on the additional indication might not be extensive. See here: https://twitter.com/sleepingbear84/status/1760288195323871305

    Overall, apart from potential delays, the fundamental thesis remains unchanged. LQDA’s share price saw minimal reaction to these announcements.

    On a separate note, UTHR has released its Q4 results, highlighting robust Tyvaso DPI sales with a 132% YoY growth. The increasing importance of delaying the rivals was evident during the call, where management just couldn’t stop talking about the competition. Also, some interesting tidbits were provided on the potential rival drug from Merck (PDUFA date on March 26), confirming my previous understanding that it’s more of an “add-on” than a prostacyclin replacement. From Q4 call:

    “Moving to the other potential competitor this year, the PAH community is anticipating the March FDA action date for the first potential activin signaling inhibitor for the treatment of Group 1 PAH. While we understand that there is some excitement for this new pathway and we’ve seen this in the past with new offerings, it’s important to remember that PAH is a complex, multifactorial disease where polytherapy is the norm, not the exception and treating multiple pathways of the disease aggressively and early is critical to patient outcomes.

    Based on the result of this new product’s clinical trial and our conversations with prescribers, it is not — it does not appear that an activin signaling inhibitor is either a cure for PAH or a replacement for prostacyclin therapy. In fact, in their pivotal trial, 70% of patients were on prostacyclin therapy with 40% on a parenteral prostacyclin, Remodulin. Therefore, we see this therapy as additive to our existing prostacyclin patients. And if the activin signaling inhibitor helps further improve outcomes, then these patients should stay on our therapies longer.

    For those patients not yet on a prostacyclin therapy, PAH is a progressive disease and the vast majority of these patients will eventually need a prostacyclin. Whether that’s before or after initiating activin signaling inhibitor will be case-dependent. But given that polytherapy is becoming the norm, we believe Tyvaso DPI offers patients and prescribers a convenient way to cover the prostacyclin pathway earlier in a patient’s disease journey. Finally, we want to remind investors that this launch will only be in Group 1 PAH and will not affect our growing PH-ILD business where the activin signaling pathway has not been studied.”

    UTHR’s Q4 call – https://app.tikr.com/stock/transcript?cid=36018&tid=2661045&e=1871704402&ts=3031732&ref=3no6ed

    UTHR’s FDA lawsuit PR – https://ir.unither.com/press-releases/2024/02-21-2024-105511776

    2
    Reply
  8. The latest LQDA’s conference call is well worth a read. It includes:
    – A concise summary of the remaining legal procedural steps till Yutrepia’s approval for PAH and PH-ILD. On this front things are expected to start moving quickly after March 31;
    – The recently denied UTHR request for rehearing of the ‘793 patent infringement case (as was expected);
    – UTHR’s desperate attempts to impede the FDA’s approval of Yutrepia and why these are likely to fail;
    – Clarification on the missed PDUFA date;
    – Readiness for the launch of Yutrepia;
    – Strategies to enter PAH and PH-ILD markets.

    Some excerpts are provided below. Transcript: https://www.bamsec.com/transcripts/a1166678-91df-4566-8baa-5762b34ca3a8

    A very short summary of the remaining legal steps:

    “To put it simply, with the recent decisions by the Federal Circuit affirming the invalidity of the sole patent that is locked in our approval, the FDA should be able to grant approval for YUTREPIA after March 31, when regulatory exclusivity to treat PH-ILD with TYVASO expires. A precise final approval date is hard to forecast, but we view the remaining step as largely procedural.”

    A slightly longer version:

    “I’d like to group the recent litigation and regulatory activity into 2 buckets. First, those items on the critical path to YUTREPIA’s approval; second, the recent attempts by United Therapeutics to assert new legal theories to block approval of YUTREPIA. All told, we see the increased and frantic litigation activity by United Therapeutics as perhaps a sign that even they believe that the legal impediments to final approval of YUTREPIA are nearing an end.

    In the first bucket I mentioned, as we have publicly stated previously, there are only 2 items on the critical path for YUTREPIA to be launched. First, Judge Andrews must lift the injunction he ordered in August 2022 based on this finding of infringement of the ‘793 patent, a patent that has subsequently been invalidated, a finding that was affirmed again yesterday when the Federal Circuit denied United Therapeutics request for rehearing.

    And second, the regulatory exclusivity granted to TYVASO for the PH-ILD indication must expire, which will occur on March 31. Once both of these have occurred, the FDA will have the ability to issue final approval for YUTREPIA for both the PAH and PH-ILD indications. We will not speculate on the specific date when Judge Andrews will render his decision, but the matter has been fully briefed and could be decided at any time.

    In the second bucket, over the last several weeks, United Therapeutics has sought to add new impediments to FDA approval and our launch of YUTREPIA by seeking preliminary injunctions in multiple proceedings. However, as we have stated previously, in order to obtain any preliminary injunctions, the burden will be on United Therapeutics to convince the judge that, among other things, they are likely to succeed on the merits and those actions. We believe that this burden will be a challenge for them to meet based on the laws and the facts that issued.”

    On UTHR’s attempts to impede FDA’s approval of Yutrepia and why these are likely to fail:

    “The first request for preliminary junction is directed to the second Hatch-Waxman lawsuit alleging infringement of the ‘327 patent in the treatment of PH-ILD, issued after the YUTREPIA NDA was submitted and after Liquidia amended its NDA to add PH-ILDs to label for YUTREPIA, the ‘327 patent covers the treatment of PH-ILD patients with TYVASO in accordance with the dosing regimen in the TYVASO label. As we have noted previously, there is considerable prior art that teaches the treatment of PH-ILD patients with TYVASO, including the ‘793 patent and multiple peer-reviewed publications in the decade prior to the priority date for the ‘327 patent that describe positive results from trading PH-ILD patients with TYVASO. Courts have generally refrained from issuing preliminary injunctions in situations where there are substantial questions as to the validity of a patent. And in light of all the prior art here, we believe substantial questions of validity of the ‘327 patent exists.

    Second request for preliminary injunction is direct to United Therapeutics recently filed suit against the FDA, under the Administrative Procedures Act. Filed in the United States District Court for the District of Columbia, this suit alleges that the FDA mistakenly permitted Liquidia to amend the NDA for YUTREPIA to add the PH-ILD indication. We have intervened in the case and are now party to the case alongside the FDA.

    First and foremost, the FDA did, in fact, accept our amendment to the NDA for review, and we believe that the FDA’s acceptance of our amendment for review was proper and in full accordance with current FDA regulations. United Therapeutics argument that an amendment to add a new indication in proper is based primarily on a nonbinding 2004 FDA guidance document ignoring subsequent FDA regulations adopted in 2016 that expressly contemplate the possibility of adding new indications through an amendment.

    Secondly, even if United Therapeutics was correct that the amendment was improper, that would not mean that United Therapeutics would receive a new 30-month stay as they have argued. For instance, even if the amendment was now rejected by the FDA, Liquidia could simply supplement its NDA after approval to add the PH-ILD indication. The exact same process used by United Therapeutics to add PH-ILD to the label for TYVASO.

    Critically, the statute expressly states that amendments and supplements [ appear to be ] the exact same way in determining whether a patent can give rise to a 30-month stay, meaning that only those patents submitted to the Orange Book prior to the filing date of the original NDA, not the filing date of the amendment or supplement can give rise to a 30-month stay. Briefing on the motion for preliminary injunction will be completed on March 18, and the hearing will be held on March 29. We look forward to this matter being addressed in short order.”

    On missed PDUFA date:

    “And the reason for that has been communicated is that the FDA is waiting for the injunction to be removed. So as Rusty said, there’s two things that need to happen principally for us to get full approval, which is the injunction removed. And then the potential of the clinical exclusivity to expire at the end of March. So as Rajeev said, we’re looking now. The amendment was filed and asked for full approval even when we filed it in July, for both PAH and PH-ILD. So it’s our expectation now that we’ll skip the tenant approval phase and probably just go to a full approval after the March 31 clinical exclusivity expiration.”

    Fully ready for launch:

    “Our commercial teams are in place and ready for launch. Our expanded field force has been raising the profile of Liquidia in their territories over the last 3 months. Our manufacturing team is preparing inventory in anticipation of event to launch in both PAH and PH-ILD.”

    Strategies to enter PAH and PH-ILD markets:

    “So in PAH, as you know, there are many medications already available. So it’s going to be really demonstrating why our prostacyclin is the best alternative relative to the other prostacyclin for a lot of reasons that we can obviously get into. And we believe that we will be very successful in that space getting earlier use of our inhaled prostacyclin YUTREPIA because it is so convenient and because of the titration dose. And so in that space, we’ll be targeting the big centers, the physicians that use prostacyclins already. We’ll get some new physicians probably, but we’ll focus on the targets that do use prostacyclins.

    In PH-ILD, as you know, this is a relatively untapped market. And so the strategy there is going to be much more about educating on the prevalence of PH-ILD and then getting physicians to look for it, and then getting them to treat it. And we’ll be out in the community with community pulmonologists help educating them that this condition exists and that it’s deadly. And then we’ll be educating them on YUTREPIA. And if they would be willing to use YUTREPIA, that’s great, we will aid them in doing that. If they won’t, then of course, we would like them to refer that patient to a PH center of excellence where it would be treated. So I think that’s a brief summary of how we’ll approach the two markets.”

    3
    Reply
  9. Any perspectives on LQDA’s reaction to Merck’s drug approval? If it doesn’t change the thesis, is this an opportunity to add?

    1
    Reply
      1. I worked in PAH pharma for a couple years. Merck drug will be used earlier and for less severe PAH patients than UT/LQDA’s, so you could argue that could delay some new patients reaching the prostatcyclin line of therapy where the patient churn is high. That said, the Merck drug approval has been highly anticipated for the last 2 years so should be well priced in.

        4
        Reply
  10. Judge Andrews amended a part of his previous judgement, finally clearing the way for FDA to approve Yutrepia for PAH indication. LQDA was up 5% in after-hours trading yesterday with a pretty substantial volume ($1.3m).

    Things are about to progress fast from here on, with FDA approval just around the corner, UHTR’s exclusivity due to expire on March 31, and Yutrepia set to launch shortly after approval.

    https://news.bloomberglaw.com/ip-law/liquidia-can-launch-yutrepia-lung-disease-drug-a-blow-to-utc

    4
    Reply
      1. Does anyone have context on how this hearing is different from the decision by Judge Andrews earlier this month?

        Reply
          1. Judge’s decision at the end of March related to the previous patent infringement litigation (patent 793).

            The hearing now is regarding the new lawsuit on infringement patent 327 for PH-ILD. This lawsuit is widely regarded as just a delay-tactics by UTHR and a preliminary injunction is not likely to be granted.

            Management covered it well in March conf call:

            “In the second bucket, over the last several weeks, United Therapeutics has sought to add new impediments to FDA approval and our launch of YUTREPIA by seeking preliminary injunctions in multiple proceedings. However, as we have stated previously, in order to obtain any preliminary injunctions, the burden will be on United Therapeutics to convince the judge that, among other things, they are likely to succeed on the merits and those actions. We believe that this burden will be a challenge for them to meet based on the laws and the facts that issued.

            The first request for preliminary junction is directed to the second Hatch-Waxman lawsuit alleging infringement of the ‘327 patent in the treatment of PH-ILD, issued after the YUTREPIA NDA was submitted and after Liquidia amended its NDA to add PH-ILDs to label for YUTREPIA, the ‘327 patent covers the treatment of PH-ILD patients with TYVASO in accordance with the dosing regimen in the TYVASO label. As we have noted previously, there is considerable prior art that teaches the treatment of PH-ILD patients with TYVASO, including the ‘793 patent and multiple peer-reviewed publications in the decade prior to the priority date for the ‘327 patent that describe positive results from trading PH-ILD patients with TYVASO. Courts have generally refrained from issuing preliminary injunctions in situations where there are substantial questions as to the validity of a patent. And in light of all the prior art here, we believe substantial questions of validity of the ‘327 patent exists.”

            And for an update on what happened in the court hearing see this tweet https://twitter.com/fin_capital/status/1783119499501125892

            “$LQDA has the much stronger argument in that ‘327 is a carbon copy of ‘793 just with a narrower scope applied to PH-ILD. They spell that out pretty conclusively in their brief and Andrews seems to get that.

            <...>

            We will know his actual thoughts over the next few days. We believe it is very hard to grant this PI – it would be over turned on an appeal. Following a rejection of the PI, $LQDA should get FDA clearance and be able to launch quickly thereafter.”

            I think the sell-off is unwarranted and have added to my position at $12.5.

            7
            Reply
  11. How reconcile Soleus Capital (biotech fund) owning UTHR as its biggest position with LQDA long thesis above?

    Reply
      1. What would be the issue? Markets are made by people having different opinions. I’m sure there are lots of funds that own companies on opposite sides of issues – some make money, some lose money.

        2
        Reply
          1. The issue is that as Soleus specializes in this area (“idiosyncratic…niche” biotech), has succeeded in it, and UTHR is a large position for them, they believe the probability of the LQDA thesis is insignificant (otherwise why own UTHR).

            What assumptions allow for such belief?

            Reply
          2. As dt wrote in the last few sentences. It doesnt have to be a zero-sum game. There are still possibilities for both companies granting attractive returns in the future or both going down together. Liquidia Long is not necessarily a UTHR short thesis, at least it isnt intended to be as fair as I’m concerned, especially since UTHRs price is pretty depressed already and probably pricing in the new competition. At the same time Soleus longing UTHR doesnt have to mean they are short Liquidia. You will probably have to ask them directly, why they think UTHR is more attractive, might be interesting for the blog too.

            Reply
  12. We just had a call with Jason Adair, Chief Business Officer of Liquidia. Very interesting. Makes us want to buy more.

    5
    Reply
  13. He talked about the size of the PH-ILD market and its huge potential. He talked about the litigation and confirmed a lot of the thesis here on SSI. He made us a demonstration on the video-call of Liquidia’s device and explained to us how much better their system is vs UTHR’s. It was compelling.

    2
    Reply
      1. A good one – “I have never met anyone who has turned so many impossibles into missions-accomplished.

        4
        Reply
  14. Any thought about the insiders transactions on UTHR? The CEO restarted to sell under a 10b5-1 trading plan the 1th of March and the 25th of March the company announced an accelerated share repurchase program of $1B. I see also other insiders exercising their options, do you think they are using the buyback program to give liquidity for the insiders??

    Reply
      1. Well, I wouldn’t read too much into it. A large portion of the CEO’s compensation comes in stock, so he has been selling the compensation part through the trading plan for years. Meanwhile, his actual stake in the company more or less remained stable (8.1% last year vs 7.6% now). The stock is highly liquid, so I don’t think the buyback has anything to do with the liquidity demands of insiders. Moreover, not only the CEO but all insiders have consistently sold their equity comp in the open market for years without any issues.

        1
        Reply
  15. Are we expecting some bad news here in the next few days? LQDA $10 Put options expiring in 3 days are trading for $0.45, which just seems insane. It would need to drop 20% just to break even on those options.

    3
    Reply
      1. See the comment below. Judge Andrews might “issue a written ruling at any time” – actually this ruling was expected already couple of weeks ago. So I am guessing option premiums reflect this uncertainty and indicate risk that the ruling might be unfavorable for LQDA.

        1
        Reply
  16. In Q1 call transcript LQDA’s management has again outlined the status of Yutrepia’s approval and ongoing legal challenges:
    – FDA seems to be waiting for Judge Andrew decision on the lawsuit alleging infringement of the 327 patent.
    – Judge Andrews has “heard oral arguments from both parties on April 23 regarding the preliminary injunction and may issue a written ruling at any time”.

    So basically nothing new so far, but Judge Andrew’s decision should finally get the things rolling (but I have said the same about the April 1, when the UTHR’s exclusivity tied to PH-ILD expired – and that did not work out as expected).

    Here are a couple of excerpts from the call:

    “While we cannot comment on when the FDA will take that final action, we can clarify the status of 2 ongoing lawsuits brought by United Therapeutics against Liquidia and the FDA, each with the same intent to lap the launch of YUTREPIA in PH-ILD. Neither of these lawsuits currently impact the FDA’s ability to approve YUTREPIA for both indications, and even in the worst case, neither lawsuit will ultimately impact our ability to treat PAH patients.

    In the first of these lawsuits, United Therapeutics has filed a lawsuit alleging infringement of the 327 patent based on our request for approval of the PH-ILD indication. In this lawsuit, United Therapeutics has filed a motion for preliminary injunction. Judge Andrews in the United States District Court for the District of Delaware heard oral arguments from both parties on April 23 regarding the preliminary injunction and may issue a written ruling at any time.

    We remain confident in our arguments as briefed and argued and continue to believe there are substantial questions regarding the validity of the 327 patent, which generally covers treatment of PH-ILD patients with TYVASO in accordance with the TYVASO label, something that physicians have been doing for more than a decade as evidenced by multiple publications describing positive results in PH-ILD patients over that period.

    In the second of these lawsuits, United Therapeutics is seeking to bar the FDA from accepting and approving our amendment to add PH-ILD to the label for YUTREPIA pursuant to the Administrative Procedures Act. Judge Bates in the United States District Court for the District of Columbia, rejected the United Therapeutics motion for a temporary restraining order and preliminary injunction on March 29, indicating that the FDA’s acceptance of our amendment for review did not constitute final agency action.

    Judge Bates has retained jurisdiction, though, and ordered the FDA to provide the court and both United Therapeutics and Liquidia notice 3 days prior to taking any final action on the YUTREPIA NDA.

    Additionally, last week, both we and the FDA filed motions to dismiss the entire lawsuit, and briefing on the motion to dismiss is in progress. We remain confident that both our amendment — both that our amendment was properly filed and that United Therapeutics does not have the necessary standing to challenge the FDA’s decision.”

    And also:

    “While we cannot speak to a specific action date, the FDA’s review division has maintained an active dialogue with Liquidia on the development of YUTREPIA since it entered the clinic as the first dry powder formulation of treprostinil. During the course of its review of the NDA for PAH, the FDA has confirmed multiple times over the last 3 years that submitting an amendment to the NDA would be an appropriate way to add PH-ILD indication.

    Also, throughout this process, the FDA consistently affirmed that no additional clinical data would be required to add the PH-ILD indication. We are disappointed that the FDA did not issue an action letter promptly following the expiration of the March 31 clinical investigation exclusivity granted to TYVASO to treat PH-ILD. Nevertheless, we remain hopeful that the FDA will issue final action very soon, given the lack of any legal barriers to approval.”

    4
    Reply
      1. LQDA will need to raise additional capital within the next year, but should be able to do so >$20/share after Yutrepia is on the market.

        Reply
          1. They’re fine through the launch but may just need a bigger marketing ramp. TBD. But will be good problem to have.

            1
            Reply
          2. Not so sure – I think the likelihood they simply sell the company is increasing with the market’s excitement about PAH.

            1
            Reply
  17. Does anyone have any comments on the “likelihood of success” statement in the ruling pasted below? Sounds like this is not a done deal.

    “Although Plaintiff has shown a likelihood of success as to infringement of claims 1, 6, 9, and 10 of the ‘327 patent,” Plaintiff has failed to show the Defendants’s obviousness challenge lacks substantial merit,” US District Judge Richard G. Andrews

    Reply
      1. A win for Liquidia, which already stipulated to infringement of claims 1, 6, 9 and 10. The judge agreed.

        1
        Reply
  18. The raise may actually push price higher. Mathematically makes title sense but I have seen it happen in biotech. I am not a biotech expert though so could be wrong

    3
    Reply
  19. So many events have happened since the initial thesis. What is a summary of the remaining risks in LQDA? Is it:

    1) FDA approval does not occur, or occurs for only one indication (anyone know how (un)likely this is?)
    2) Additional legal delay tactics from UTHR (hard to judge without a legal background but the latest lawsuit of Ip theft against an individual suggests they’ve exhausted their best legal tactics)
    3) Execution stumbles in go-to-market (we’d likely get a nice re-rating from #1 first)
    4) LQDA is unable to take market share from UTHR (also post any FDA approval-related boost)
    5) Long term outcomes from Yutrepia are worse than Tyvaso

    Overall, is it worth adding to one’s position here, or potentially reducing some exposure? I’m tempted to add but curious what others are doing.

    3
    Reply
      1. LQDA has already received tentative approval from the FDA for the PAH indication, so I don’t think the approval question regarding this indication is even relevant. The only reason for the delay in full approval was the inclusion of the PH-ILD indication into the same original NDA and the challenge from UTHR regarding the PH-ILD indication. With the legal battle seemingly over, I don’t think there are any impediments to the approval of both indications. The extent to which UTHR went shows that both indications are highly likely to be approved.

        Concerning other points, I have nothing to add about further delay tactics – I am in the same boat as you regarding that. Market execution is clearly a risk that we have to live with, and we just need to wait and see how management handles the commercialization. On points 4 and 5, LQDA’s drug just seems to be a better solution not only on paper, but also from clinical evidence. Could that change after more and more patients are put on Yureptia? Could happen, but I do not think it is likely.

        Considering all these points, I am not reducing exposure here – multiple catalyst are expected in short term.

        2
        Reply
  20. LQDA shares have been drifting lower over the past few weeks. After the denial of the preliminary injunction at the beginning of June, the market was expecting a quick FDA approval. I am not sure why we have a delay and probably this void of information is driving the stock lower. There is some chatter (on Twitter) that FDA might be insulted by the courts telling them what to do (the request for a 3-day notice by court before FDA issues final decision on Yureptia) or that FDA is delaying the approval until its own litigation with UTHR is resolved. As I understand all of these are just unsubstantiated guesses in a vacuum of any information or explanation for the delay.

    As a reminder, UTHR previously sued FDA claiming that the regulator bent the rules for LQDA. The claimant argues that FDA allowed LQDA to seek approval for the additional PH-ILD indication by amending its existing NDA, instead of filing a completely new NDA. This seems like just another baseless delay tactic from UTHR and is not likely to have affect the eventual Yureptia’s approval. The key point is that LQDA’s amendment was filed in July 2023, when UTHR did not yet have the PH-ILD patent. UTHR’s patent was issued only four months later, in November 2023.

    FDA is not legally obliged to wait until this lawsuit settles before issuing the approval for Yureptia. However, by choosing to entertain this butaforical lawsuit, FDA is setting a bad precedent that encourages suing the regulator to delay competitors.

    We can only guess what’s happening behind the scenes or if the expected approval timeline has now materially changed. LQDA’s recent press release noted that the hearing for FDA/UTHR lawsuit is set for June 2025. I still do not think this date carries any relevance and there’s still a chance the approval could come any day over the following weeks.

    11
    Reply
      1. Agree we can only guess but possibly in such a niche part of biotech it was related to Aerovate discontinuing development of its drug for pulmonary hypertension after it failed to meet endpoints in a stage II study. Stock dropped 95%.

        1
        Reply
  21. A few days ago, FDA released their “Reply in Support of Federal Defendants’ Motion to Dismiss.” The judge will now take several weeks to make a decision. The document is accessible without requiring a PACER login (the link below). The agency has largely confirmed the earlier assessment that UTHR’s claims lack standing, as it did not possess the ‘327 patent when LQDA filed the PH-ILD amendment:

    “As Federal Defendants explained in their motion to dismiss, UTC lacks standing because UTC has no actual, concrete harm sufficient to meet the injury-in-fact requirement; nor can it point to any “certainly impending” injury sufficient to confer standing. Fed. Defs. Mot. at 15-18; Clapper v. Amnesty Int’l USA, 568 U.S. 398, 414 n.5 (2013). UTC asserts that FDA’s alleged “acceptance” of Liquidia’s amendment in September 2023 deprived it of a 30-month stay of approval. But the patent at issue (the ’327 patent) was not issued and submitted for listing in the Orange Book until November 2023, Compl. 56, so UTC did not have the “statutory entitlement” it now claims it lost. Opp. 17. UTC must therefore assume that if FDA had rejected Liquidia’s amendment, Liquidia not only would have filed a second NDA but would not have done so until after the ’327 patent was listed in the Orange Book. In addition, any future economic injury to UTC from the introduction of Liquidia’s PH-ILD product into the market is contingent on FDA’s approval of Liquidia’s application as amended, which is too uncertain to support standing.

    […]

    UTC’s theories of standing that rely on speculation and counterfactuals. UTC’s primary theory is that FDA’s alleged “acceptance” of Liquidia’s amendment deprived UTC of a statutory right to a 30-month stay while it litigates the alleged infringement of the ’327 patent. Opp. 17-18. To establish that it would have had such a statutory right but for FDA’s alleged actions, UTC asserts that Liquidia would have “been required to file a new original application” if FDA had rejected Liquidia’s amendment. Opp. 20 (citing Compl. 58). But UTC does not specify how FDA could “require” an applicant like Liquidia to file an NDA. While Liquidia may have opted to file a second NDA in response to a rejection of its amendment, it is entirely speculative whether it would have done so. There would have been several options available to Liquidia that would have avoided a 30-month stay, and UTC makes no effort to address these alternatives or establish that Liquidia would have filed a new application if FDA had rejected the amendment.”

    The FDA also presented several “not ripe” and “not fit” arguments, stating that UTHR’s claims of being harmed by LQDA’s choice to pursue an amendment instead of a new NDA are baseless due to the uncertainty of approval. While it is clear the agency used these arguments primarily to support the motion to dismiss the lawsuit, the frequent repetition of this point is a bit uncomfortable. Here are a few examples:

    “Nothing in UTC’s Opposition demonstrates that FDA has “accepted” Liquidia’s amendment, let alone approved it. Nor does UTC show that FDA has reached any final (or even tentative) position on the propriety of that amendment or taken any action which determines rights or obligations or produces legal consequences. UTC’s challenge thus remains unripe.

    […]

    The second theory assumes that FDA will approve Liquidia’s application as amended when the agency has given no indication it will do so. Standing cannot rest on such speculative theories.

    […]

    UTC’s secondary theory is that it would suffer “irreversible erosion of [its] market position” if Liquidia’s amended application were approved. Opp. 18-19. UTC acknowledges that this injury is contingent on the approval of Yutrepia for PH-ILD and not Yutrepia for PAH, but argues that the tentative approval of Yutrepia for PAH is a “signal” that approval of PH-ILD is sufficiently imminent. Id. UTC’s argument fails on its own terms. Tentative approval of a drug product for one indication is not a “signal” of approval of that same drug product for a different indication. FDA has not approved Yutrepia for the PH-ILD indication or given any indication whether it will do so. Indeed, UTC’s own authority recognizes that “[w]ithout tentative approval as a signal or any other indication about the status of the FDA’s review, the Court has no means of assessing whether any ANDA is likely to receive approval, and if so, when that is likely to occur.” Teva Pharms. USA, Inc. v. Azar, 369 F. Supp. 3d 183, 203 (D.D.C. 2019).”

    The market showed minimal reaction to this and the stock continues to hover around $12/share.

    In addition to these lawsuit-related developments, LQDA filed an S-3 to register over 7m shares. Most of these shares are from one of the major shareholders, Patient Square Capital, a healthcare investment firm with $8 billion in assets under management. Patient Square Capital acquired nearly a 10% stake in a private placement in January 2024 at $10.442/share. According to its website, one of the founders, Adam Fliss, has 18 years of experience in law and government affairs. So they definitely are a well-informed perspective on the situation. The timing of this registration is intriguing and confirms that the conclusion may be approaching.

    FDA’s reply: https://storage.courtlistener.com/recap/gov.uscourts.dcd.265262/gov.uscourts.dcd.265262.42.0.pdf

    S-3 filing: https://storage.courtlistener.com/recap/gov.uscourts.dcd.265262/gov.uscourts.dcd.265262.42.0.pdf

    5
    Reply
      1. So PSC registered the shares in preparation for a favorable conclusion? (so that they can start selling immediately after a positive event)
        Or, If they are expecting a conclusion less favorable than currently priced, they would start selling once the registration becomes effective (i.e. about now)?

        1
        Reply
          1. See below S-3 excerpt. It appears they were required to do this by early July (180 days from the January Private Placement). I’m not sure there is more to read into it than that.

            In connection with the January 2024 Private Placement, on January 4, 2024, we entered into a registration rights agreement (the “Registration Rights Agreement”) with Legend. Pursuant to the Registration Rights Agreement, we agreed to file a shelf registration statement (the “Registration Statement”) with the SEC within 180 days following the date of entry into the Registration Rights Agreement to register the shares issued in the January 2024 Private Placement for resale and use our best efforts to cause the Registration Statement to be declared effective by the SEC or otherwise become effective under the Securities Act as soon as practicable after the filing thereof.

            3
            Reply
  22. Sharing the excerpt below from Valorem Research – a fantastic substack for anyone interested in legal special sits. It is a much more educated take on the current litigation status at LQDA/UTHR/FDA than I would ever be able to make.

    As many of you likely know, United Therapeutics ($UTHR) sued the FDA back in February, alleging that the FDA’s decision to allow a July 2023 Liquidia amendment to the Yutrepia New Drug Application (“NDA”)—specifically the amendment to add the PH-ILD indication to the label—breached its own rules.

    It was an interesting move, to say the least, and many have called it a “Hail Mary” (including myself) or a “last ditch effort” to block Yutrepia from coming to market. It’s generally not a great move to sue the entity that is responsible for allowing your own product on the market, but as we’ve said before, every day Yutrepia isn’t being sold, UTHR makes millions.

    In its motion to dismiss the suit, the FDA raises two main arguments:

    1. The D.D.C. Court lacks subject matter jurisdiction because:

      a) the suit is not “ripe” since no injury has yet occurred—the FDA has not determined the validity of the Liquidia amendment; and

      b) UTHR lacks standing because there is no cognizable injury which UTHR imminently faces.

    2. UTHR fails to state a claim under the Administrative Procedure Act because it has yet to issue a final ruling on the amendment (or event formally accept the amendment) and because the parallel district court patent litigation covering the ’327 patent provides UTHR a sufficient alternative venue to be heard on the matter.

    On the issue of “ripeness,” UTHR actually makes a reasonable point in its opposition, namely that the alleged injury here is the acceptance of the amendment, not any ensuing adjudication of such amendment. UTHR’s injury is not immediate (i.e., the act of acceptance does not create an actual harm to UTHR today); however the alleged harm is likely sufficiently imminent (i.e., the threat of future harm is probably enough for UTHR here) to create ripeness for the claim.

    More problematic for UTHR is that the FDA does not appear to have confirmed the amendment procedure yet, meaning even the initial act of acceptance has not occurred. UTHR alleges that the FDA’s communications to Liquidia have confirmed that the FDA has accepted the amendment; however Liquidia’s own January press release states that the FDA was merely “confirming the process” for the amendment. What this effectively means is that the FDA—despite being free to adjudicate the merits of the PH-ILD indication at any time—is likely waiting for a ruling on the motion to dismiss before formally confirming the amendment procedure and issuing the ruling. On these grounds alone, UTHR may lack standing to bring the instant case. From UTHR opposition to Defendant FDA motion to dismiss:
    LQDA lawsuit

    But the actual challenge UTHR’s foundation for alleging an amendment was the wrong avenue for Liquidia’s indication expansion is also likely flawed. I’ve discussed this on Twitter (and I think on Valorem), but UTHR relies on the “Bundling Rule” to allege that the amendment was improper. The Bundling Rule is a 1993 agency interpretation stating what NDA modifications belong as part of the original application, and which belong as entirely new applications.
    But the Bundling Rule is, at best, ambiguous on this particular issue. Note, the Bundling Rule language that UTHR cites does not say “all” requests for approval of a different indication . . . should not be made as an amendment to the 505(b)(2) application.”

    The Bundling Rule was designed to ensure that applications which present new clinical data, or which require meaningful modifications (e.g., changes to active ingredient levels, manufacturing methods, etc.) do not slip through without proper administrative review. Here however, we don’t have that issue. Liquidia relies on the FDA’s prior finding of safety for Tyvaso in its PH-ILD amendment for Yutrepia; UTHR contends such a reliance amounts to a reliance on new data (specifically, the UTHR INCREASE clinical study). But under the 505(b)(2) pathway, applicants are specifically permitted to incorporate prior FDA determinations for the same active ingredient. Liquidia presents no additional data of its own in the amendment. That all being said, if we’re ultimately talking about the merits here, that means that the motion to dismiss has been denied.

    Liquidia has filed an intervening Reply Memorandum in support of the FDA’s position, and I suspect we’ll see a ruling on the motion to dismiss in the next two weeks, at which time the FDA will be cleared to make a final determination on the amendment itself. I have a gut feeling this is going to get dismissed, but my confidence level is not particularly high (probably only slightly more than a coin toss). It’s generally best to bet cases won’t get dismissed where there is any semblance of a colorable claim, so maybe don’t take my word on this one.

    This is a pretty nuanced area of administrative law, so I’ll caveat all of this with: I’m definitely not as sure here as I was with the patent case.

    10
    Reply
  23. Interesting, thanks for sharing, dt. We’re back in legal decision territory. The FDA’s delay makes a lot of sense now. Does anyone have a good sense of what a negative outcome would entail? Is it a delay because of a court case?

    2
    Reply
      1. If UTHR/FDA case does not get dismissed and proceeds to the trial, then I am guessing FDA will further delay approving the amended PAH/PH-ILD application for Yureptia till the trial outcome becomes clear.

        In this case LQDA would likely retract the amendment and file a separate application for PH-ILD. Obviously, this would be a further delay to commercialization and LQDA shares would probably decline materially if the UTHR/FDA lawsuit is allowed to proceed to trial.

        On a positive side – if UTHR/FDA case is dismissed, LQDA shares will spike upwards. So that’s the bet currently as I see it.

        3
        Reply
          1. If LQDA eventually has to file a new separate application for PH-ILD, can LQDA also sue FDA for misguiding them? LQDA could have started the new application back in 2023, but didn’t do so because FDA told them an amendment was the way to go. So time is lost and LQDA is injured as a result of FDA’s mistakes.
            Can they then ask FDA for some form of restitution, e.g., fast-track processing of the new application?

            Reply
          2. Thanks — if LQDA retracts the amendment and files PH-ILD separately, does this mean the FDA can move forward with PAH?

            Reply
          3. Snowball, I presume that could be an option; however, I’m not sure whether it would be a good idea to sue the agency when the approval for PH-ILD is still pending (in fact, for PAH as well).

            On a separate note, I believe they should be able to move forward with the PAH indication if they file for PH-ILD separately.

            2
            Reply
          4. Can approval of PAH indication alone support the current valuation?

            Reply
  24. I am not an expert but if we keep this simple, based on the timeline and the details provided:

    1. Liquidia filed the amended NDA for YUTREPIA in July 2023.
    2. At that time, the patent in dispute was the ‘793 patent.
    3. The ‘793 patent was subsequently deemed invalid by the Patent Trial and Appeal Board (PTAB), and this decision was upheld by the Federal Circuit on December 20, 2023​ (Liquidia)​.
    4. The ‘327 patent was not issued until November 30, 2023, several months after Liquidia filed its amended NDA​ (Liquidia)​.

    Given these facts, the amended NDA procedure followed by Liquidia should be valid in this case. The primary basis for United Therapeutics’ opposition at the time of the amended NDA filing, the ‘793 patent, was invalidated, and the ‘327 patent was not in existence at the time of the filing. Doesn’t this sequence support the validity of Liquidia’s amended NDA procedure?

    1
    Reply
      1. You are correct to say that “Given these facts, the amended NDA procedure followed by Liquidia should be valid in this case.” That is also the position of FDA and LQDA. But now we wait for court decision as it does not seem FDA wants to proceed forward without it.

        2
        Reply
          1. If UTHR’s case gets dismissed, and UTHR appeals (can they do that?), do you think FDA will also need to wait for the appeal process to complete?

            Reply
  25. I have seen a bunch of chatter, including on Valorem Research, about the prospect of SCOTUS issuing a grant-vacate-remand order after requesting a response to UTC’s pending petition. This happened a few days ago, so I am not quite short what is causing the stock to tank this morning other than general market selloff, but I am curious whether anyone thinks the risk/reward on the admin law has meaningfully shifted away from what was already known. What does a delay in launch look like for LQDA value? Presumably the selloff is less about ability to take share from UTHR – a delay as opposed to denial – and is more about longer period of cash burn, ramp?

    1
    Reply
  26. I asked Jason Adair of Liquidia about this petition this morning:
    “We do not view this request for an appeal as causing any delay in FDA’s action. The FDA can issue its final action letter at any time. There are no legal or regulatory barriers to do so. This latest request for an appeal by UTHR to SCOTUS on the PTAB decision does not directly impact the FDA. Nor does this request for an appeal impact the case to dismiss the UTHR suit vs. FDA.”

    5
    Reply
  27. Very ominous price action. A couple days ago, I thought it was maybe a fund getting blown out or flash crash of some kind. But this is day three, the price keeps heading lower on elevated volume. Meanwhile, UTHR just keeps ticking higher.

    5
    Reply
  28. Concealed filling by the FDA in the United lawsuit, I think we can expect a decision within days.

    3
    Reply
      1. Interesting that UTHR share price hasn’t responded as drastically as LQDA.

        Reply
      1. Needham analyst thinks today. He wrote on Tuesday:

        “The filed document is under seal and only available to be viewed by authorized persons, so the
        contents of the filing are unclear. However, the sealed filing would be consistent with the 3-day advance notice that Judge Bates (judge presiding over case) implemented in late-March. He demanded that FDA provide 3-day advance notice to the court, during which it would review the merits of the case and reevaluate a potential prelim injunction, that was initially denied in late-March. The process was expected to include briefings by UTHR and responses by FDA and LQDA, before the judge made a decision. If this is the start of the 3-day process, we would expect a decision by Thursday/Friday this week.”

        2
        Reply
  29. U.S. FDA Grants Tentative Approval of YUTREPIA™ (treprostinil) Inhalation Powder for Patients with Pulmonary Arterial Hypertension (PAH) and Pulmonary Hypertension Associated with Interstitial Lung Disease (PH-ILD)
    August 19, 2024

    U.S. FDA Grants Tentative Approval of YUTREPIA™ (treprostinil) Inhalation Powder for Patients with Pulmonary Arterial Hypertension (PAH) and Pulmonary Hypertension Associated with Interstitial Lung Disease (PH-ILD).
    FDA confirmed that the amendment to add PH-ILD to the YUTREPIA NDA was proper and that application otherwise meets the requirements for approval under the Federal Food, Drug, and Cosmetic Act.
    Final Approval of YUTREPIA for PAH and PH-ILD may occur after expiration of 3-year regulatory exclusivity for Tyvaso DPI on May 23, 2025.
    FDA’s tentative approval is based upon all information submitted in the NDA, including the status of good manufacturing practices of the facilities used in the manufacture and testing of YUTREPIA.

    MORRISVILLE, N.C., Aug. 19, 2024 (GLOBE NEWSWIRE) — Liquidia Corporation (NASDAQ: LQDA), a biopharmaceutical company developing innovative therapies for patients with rare cardiopulmonary disease, announced today that the U.S. Food and Drug Administration (FDA) has granted tentative approval of YUTREPIA™ (treprostinil) inhalation powder to treat adults with pulmonary arterial hypertension (PAH) and pulmonary hypertension associated with interstitial lung disease (PH-ILD). Tentative approval indicates that YUTREPIA has met all regulatory standards for quality, safety and efficacy required for approval in the United States but must await the expiration of regulatory exclusivity of a competing product before final approval can be granted.

    Dr. Roger Jeffs, Ph.D., Chief Executive Officer of Liquidia, said: “We are pleased that the FDA agreed that our NDA amendment last July was proper, providing a clear path to full approval of YUTREPIA in both PAH and PH-ILD. However, we are disappointed and disagree with the FDA’s decision to simultaneously grant regulatory exclusivity to United Therapeutics for Tyvaso DPI that encompasses chronic use of essentially any dry-powder formulation of treprostinil in the approved indications for a three-year period for its new dosage form approved on May 23, 2022. We plan to take quick action to challenge the FDA’s broad grant of regulatory exclusivity and defend the ability for patients to have access to YUTREPIA with the least delay possible.”

    Liquidia remains committed to addressing the unmet needs of PAH and PH-ILD patients and will seek final approval of YUTREPIA as early as possible.

    https://investors.liquidia.com/news-releases/news-release-details/us-fda-grants-tentative-approval-yutrepiatm-treprostinil

    1
    Reply
          1. Not an entirely positive outcome but -35% market response has got to be at least a 2x over reaction from an NPV perspective re May launch

            Reply
  30. FDA’s decision is very disappointing. While every investor is fed up with delay after delay and never ending legal challenges, I think market’s reaction is overdone. 40% of market cap (or $400m) erased because commercialization has been pushed out by 9 months. I think this is a good buying opportunity for those betting on Yutrepia’s commercialization success.

    I was very surprised to see “3-year regulatory exclusivity for Tyvaso DPI” expiring on May 23, 2025. I have not seen this mentioned elsewhere and it was not mentioned in UTHR’s 10-K, so if I understand correctly, this is a newly granted exclusivity. I am guessing FDA granted it to please UTHR and convince it to drop the lawsuit against the regulator. Any other thoughts on this?

    If UTHR/FDA lawsuit is dropped, the path to final approval should be smoother. LQDA’s intentions to challenge FDA’s decision provides additional optionality for faster track to commercialization. However, I have no idea how speedy this process can be and what venues besides taking FDA to court (not a good option) LQDA has for this.

    5
    Reply
      1. Also, couple members reached out noting the word “may” in the press release:
        “Final Approval of YUTREPIA for PAH and PH-ILD may occur after expiration…”

        This is a standard language for tentative drug approvals where ‘may’ is used instead of ‘will’ and I do not think it is indicative of FDA seeing any specific obstacles for Yutrepia.

        Reply
          1. LQDA had $133m of cash at the end of Q2 and has burned $50m in H1’24 (and $53m during the whole 2023) – so looks to be sufficient if commercialization begins in mid 2025.

            3
            Reply
      2. what’s the worst risk here do you think? they gotta raise capital with extremely dilutive price ?

        Reply
  31. Looks like UTHR lawsuit is working and being effective.

    Why only 3 years? What happeneds after that? Seems risky.

    Reply
      1. it’s backdated exclusivity that ends in May 2025. Afterwards the FDA will grant final approval for Yutrepia (if we do not stumble upon other unknowns just around the corner).

        Reply
  32. Perhaps the three-year exclusivity period was intended to give the Supreme Court a chance to review the case before Yutrepia hits the market?

    Reply
      1. My guess this was more of a backroom deal with UTHR so that Tyvaso has market for itself for additional 9 months. Would not be surprised if we hear about UTHR dropping the lawsuit against FDA shortly. Just speculating.

        3
        Reply
          1. I don’t think a backroom deal was likely.
            If there were such a deal, LQDA would find out sooner or later, either via discovery or freedom of information request.
            If such evidence emerged, FDA would be in big trouble legally and reputationally because such a deal harms LQDA’s interest for the benefit of FDA.
            It’s more likely that we previously simply missed this risk, and FDA has always had this power to grant exclusivity (based on some existing rules that we simply weren’t aware of) .

            4
            Reply
          2. It is highly likely that Martine was able to get the administration to provide political pressure to the FDA. There is really no other explanation as to how this went down. I spent 15 years in DC and can tell you that this happens all the time. There is no paper trail. This is Congressional leadership and/or a high level administration calling the head of the FDA and making it happen. Agency independence is a myth.

            7
            Reply
  33. Yeah I agree with you Arquitos. Wondering what is your take on LQDA going forward?

    Reply
      1. UTHR just dropped their lawsuit against the FDA. I think LQDA files one against the FDA shortly. While there is a possibility of success there, it could take six months plus, so that doesn’t provide much relief. I don’t know how to ballpark odds of success there, but certainly lower than 50%.

        Ultimately, LQDA gets full approval in May. The long term thesis is still intact. The stock will react to that prior to full approval, so while it could be sort of dead money until then, there will still be opportunities and optimism along the way.

        I am not overly concerned about a capital raise. They’ll cut their expenses significantly by furloughing the salespeople. If they do need one, there will be ways to do it without diluting shareholders.

        7
        Reply
          1. Thank you Arquitos for your valuable insights. Could you please provide a reference to UTHR dropping their lawsuit against the FDA?

            1
            Reply
          2. I added the link here, but the comment needs to be approved by the moderator, so not showing yet. If you go to Court Listener and search Liquidia and FDA, you should find it though. You can also look at Pacer, but a lot of times you can access the documents for free at Court Listener.

            Reply
          3. Ultimately, LQDA gets full approval in May. – Arquitos

            – But this is not guaranteed correct?

            My understanding is that in May it has a 3-year period to start selling. After the 3 years, it’s up for renewal? Is my understanding accurate?

            Reply
          4. @madcap They may start selling after the FDA provides a full approval, which they may do after May 2025. The FDA will provide a new PDUFA date. Given the history, I would expect a speedy approval. There is no renewal. Once they are approved, they are good to sell indefinitely. It gets a little complicated from here on LQDA’s legal options, so well see what they end up doing. My guess is we’ll know in the next week or so.

            1
            Reply
          5. Is it me, or is getting a whole new PDUFA date extremely risky?

            Meaning right now this could be a Zero, if they don’t get approved. I think UTHR legal tactics are working. Am I wrong on thinking this?

            Or, is this the FDA giving UTHR 9-months of exclusivity, before they now grant both companies the right to sell?

            1
            Reply
  34. Does anybody have any thoughts on UTHR’s 50% rise in YTD stock?

    I’m not trying to be over negatively, more of a devil’s advocate.

    Reply
      1. That’s a combination of:
        – Tyvaso DPI growing 33% in Q1 and 92% in Q2 (the main competitor of Yutrepia)
        – Legal wins against LQDA

        2
        Reply
  35. Thanks, all. Anyone have thoughts on a pair trade at this point: long LQDA, short UTHR?

    Reply
      1. [Long LQDA+ short UTHR] is in fact a double LQDA long.
        I think a proper paired trade should be [Long LQDA + long UTHR], to hedge the risk of UTHR getting its way.

        Anyway, as a post-mortem analysis, without hindsight, for this trade, do you guys think we should have hedged with a UTHR long/call?

        Reply
      1. This is just lawyers marketing their services – plenty of similar press releases with every larger share price decline.

        4
        Reply
  36. A very educated take on the recent FDA’s decision and LQDA’s lawsuit from Valorem Research substack.

    Shared with permission.

    “There was quite a bit of Twitter action last week following the FDA’s decision to tentatively approve Yutrepia in both PAH and PH-ILD while simultaneously granting United Therapeutics an out-of-the-blue 3 year exclusivity period in both indications, further preventing Liquidia from selling Yutrepia until May of 2025.

    The exclusivity was a surprise to everyone involved—including apparently both Liquidia’s and United Therapeutics’ management teams. United, for example, previously said in its 2021 Annual Report that it expected the Tyvaso exclusivity to terminate in March of 2024:

    LQDA1
    from United Therapeutics 2021 10-K

    The basis for this new exclusivity originates in 21 C.F.R. § 314.108, which allows for additional 3-year exclusivity periods for NDAs containing New Clinical Investigations which are essential to the approval of the NDA.

    LQDA2
    from § 314.108

    LQDA3
    from 21 U.S.C. § 355(c)(3)(E)(iii)

    These investigations must be new efficacy studies, and cannot be “bioavailability studies” (studies which merely demonstrate how much of the active ingredient is actually being absorbed by the patient). More specifically, under 314.108, “New Clinical Investigations” are defined as follows:

    LQDA4
    from § 314.108

    The FDA, in its tentative approval, ruled that the United Therapeutics BREEZE Study, a relatively small and fast, 3 week, 51 patient 2022 study, whose primary objective “was to evaluate the safety and tolerability of treprostinil inhalation powder (TreT) in patients currently treated with treprostinil inhalation solution,” qualified as a new clinical investigation meriting a 3 year exclusivity ending in May of 2025. Importantly, the patients in the BREEZE study were already on stable doses of Tyvaso Inhaled Solution and switching to a corresponding dose of Tyvaso DPI. These were not treprostinil-naive patients.

    On its face, this seems like the wrong decision, and more than a bit strange that the FDA raised this sua sponte years into the Yutrepia approval process.

    UTHR filed an NDA for Tyvaso DPI for treatment of PAH and PH-ILD under section 501(b)(1) of the FDCA back in April of 2021. The NDA, which was approved in May of 2022, relied on (1) the UTHR TRIUMPH and INCREASE studies, (2) bioavailability data, and (3) the BREEZE study mentioned above. Notably, the TRIUMPH and INCREASE studies had already been submitted to the FDA in UTHR’s 2008 and 2020 Tyvaso Inhaled Solution and supplemental NDAs, respectively. In other words, the only new data which could be argued to be a new clinical investigation was the BREEZE study. Further still, because these were not treprostinil-naive patients in the BREEZE study, it seems that, if any exclusivity should be granted to UTHR at all, it should exclude any treprostinil-naive patients, thereby allowing Liquidia to immediately commercialize in a “new” PAH and PH-ILD patient population.

    But despite these facial flaws, the path to victory for Liquidia here is not so clear. The BREEZE study did have secondary objectives—even if those objectives were not pursued in a rigorous manner, per Liquidia. Secondary objectives of the study “included evaluation of the systemic exposure and PK of treprostinil inhalation solution and TreT, 6MWD, device satisfaction and preference with the Preference Questionnaire for Inhaled Treprostinil Devices (PQ‐ITD), and the Pulmonary Arterial Hypertension‐Symptoms and Impact (PAH‐SYMPACT®) questionnaire.” Liquidia argues that these additional endpoints were “duplicative of prior studies” and notes that the BREEZE study “failed to produce clinically-valid findings because it was an open-label study with a number of patients too small to render statistically-significant results.”

    In light of these apparently flaws, Liquidia filed suit on August 21 against the FDA in the District of D.C. The suit includes two counts against the FDA alleging the FDA’s decision to grant UTHR this new exclusivity exceeds the FDA’s statutory authority.

    Whenever we’re looking at odds of success of a suit though, it’s critical to understand the standard of review for these decisions. We’ve talked previously about trial court vs. appellate court standards of review, and how those impact decisions. Here, at the trial court, we’re reviewing the FDA’s decision, the authority of which originates in the APA and FDCA to see if the decision was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”

    That’s a high bar for Liquidia. The standard has oscillated in the past few decades between a deferential view of the standard and a “hard look” view. However, most recently, Justice Kavanaugh authored a decision in FCC v. Prometheus Radio Project returning to the deferential standard for the APA, stating that agency decisions would be respected if the agency acted within a “zone of reasonableness.” This new language injected by Justice Kavanaugh raises an already high burden on Liquidia. The FDA will lean on the secondary objectives of the BREEZE study, and given the deferential view, it is more likely than not that will be sufficient for the FDA to win here.

    Is that what I think should happen? No. I think a carve out in the exclusivity for treprostinil-naive patients would have made the most sense. But what I think should happen doesn’t really matter, and I just don’t think I see the FDA amending the exclusivity; at least not in the 9-month timeline that matters to Liquidia. Liquidia cites no precedent in its complaint which establishes a precedent for the FDA to quickly amend and limit the exclusivity. Indeed, the AstraZeneca case Liquidia cites actually found that AstraZeneca did not demonstrate the FDA’s decision in that case was “arbitrary or capricious.” And while Liquidia asserts that the BREEZE study lacked “innovative change” because the study concluded that Tyvaso DPI patients “faced no worse outcomes for the first three weeks” and that adverse events were “consistent with studies of [Tyvaso Inhalation Solution] in patients with PAH,” Liquidia has failed to cite any precedent indicating that this limited but additional safety data contravenes the FDA’s discretion. The mere fact that the BREEZE study found adverse event rates were no worse than Tyvaso Inhaled Solution does not mean that the adverse event data was inconsequential.

    Liquidia will move for immediate injunctive relief, but I’m not sure Liquidia will be able to show a likelihood of winning on the merits, nor will they likely be able to show irreparable harm, given the consequences to Liquidia are fairly easily measured in cash burn. Liquidia will argue the loss of market share constitutes irreparable harm, but without any market share currently, that argument is unlikely to be credited heavily by the Court.

    For now, I’m sitting on the sidelines. Liquidia has a non-frivolous claim, and I don’t think the odds the FDA wins here are greater than 70% or so, but Liquidia ended the quarter with $133mm in cash, and with litigation expenses and commercialization ramp up, it seems that Liquidia will almost certainly need to raise additional capital by year end if the exclusivity is not imminently abridged. That’s not a bus I want to step in front of.”

    6
    Reply
      1. Thank you DT/LionelHutz, quite helpful.

        @Arquitos – any thoughts on the cash burn and potential equity dilution?

        Reply
  37. I’ll preface with, anything can happen. However, I am not as pessimistic re: equity dilution. They will furlough most of their salespeople and legal spend will likely be lower than the recent past. Plus, they will have funding options outside of a capital raise if they need it.

    That being said, everything is a trade off on the capital raise side, so we’ll see…

    2
    Reply
      1. Yes, royalty finance market for FDA-approved drugs is pretty well developed.
        Royalty Pharma (RPRX) is one of the biggest players in this market. They can provide credit with royalty revenue as collateral, and they can also purchase a share of the revenues.

        Reply
  38. Is there anything that prevents UTHR from doing additional studies like the BREEZE study that could win additional periods of exclusivity?

    1
    Reply
      1. As far as I know, NDA applicants don’t “win” exclusivity. In fact, they don’t need to tick a box or fill out a form to ask for it. FDA can grant or not grant exclusivity without the applicant asking specifically for it.
        This is why it was so surprising to both LQDA and UTHR that FDA suddenly granted the exclusivity more than two years after the 2022 approval.

        2
        Reply
  39. Does this make sense: the uncertainty surrounding Liquidia was at least the same or more in March 2024 considering the UTHR lawsuit with the FDA and the pending approval for PH-ILD. If Liquidia’s stock price was $14-$17 in March 2024, it would be inconsistent with a stock price of $9-$10 in March 2025 considering the lower level of uncertainty. Basically, if the uncertainty is the same or less, could we expect a high probability for the stock to get back to $14-$17 by March 2025?

    6
    Reply
      1. Perhaps the only difference is risk around needing to raise given cash burn since March?

        1
        Reply
      2. It was a lottery ticket back then, and now it is trading as discounted future cash flow.
        Lottery-like stocks tend to be overpriced, which is a well-documented asset pricing anomaly.
        I think the simplest explanation is that LQDA was over-priced in March 2024.

        2
        Reply
          1. You don’t think the revenue and free cash flow expectations for Liquidia are good enough to justify $14-$17? The premise of the SSI writeup (at $25+) was all based on fundamentals and Liquidia’s ability to take lots of market share for trepostinil. I am not certain there was a premium for the uncertainty of approval. Liquidia is now trading for 4% of UTHR’s market cap. I think lottery-type stocks relate to highly speculative penny stocks that don’t necessarily have a solid fundamental premise.

            Reply
      3. I think the key difference in Mar-2024 vs today, is that the market (and management as well) was expecting commercialization to start by the summer 2024, whereas now this expectation has been pushed to summer 2025. The longer the timeline, the larger the uncertainty (+ additional cash burn and potential capital raise). The backdated exclusivity was a total surprise, that was not even consider as ‘uncertainty’.

        But I agree with you and continue to think LQDA is cheap if commercialization actually begins in spring/summer of 2025. But it is still a long road to that.

        5
        Reply
  40. LQDA raised a total of $100M ($67.5M from new common + $32.5M advance), so funding seems secured with new stock priced at $8.90 per share. At least we know the capital raise was done 😉

    3
    Reply
      1. Only 10% dilution at $8.9/share. On top of that a large RIFA funds repayment ($23.8) that was scheduled for 2025 has now been postponed to 2026/2027.

        I think this is a much better outcome than the market was expected and with the funding-requirement out of the way, we are now in the 9-month waiting period hoping there will be no new legal surprises down the road.

        5
        Reply
  41. SC declines to review rulings to invalidate United Therapeutics’ Patent.

    Stock up 15%

    4
    Reply
  42. Just read the recently earning transcripts. Some notes:
    – UTHR’s lawsuit on the 3 patents (‘901, ‘066, ‘793) are denied and final (no more appeal). This means PAH launch for YUTREPIA is unencumbered when the deadline arrives (May 2025)
    – Remaining ‘327 patent lawsuit with UTHR is about YUTREPIA’s treatment of PH-ILD. The scheduled trial is next June 2025
    – LQDA is also set to go on trial December 5th, 2024 with FDA regarding “clinical investigation exclusivity” given to Tyvaso DPI. “And regardless of the outcome of the lawsuit though, nothing can delay the scheduled expiration of the exclusivity for TYVASO DPI on May 23, 2025.” I think they are trying to further shorten the time to market from this trial.
    – Updates on L606 looks promising. Its a better version of YUTREPIA where daily dosage is reduced from 4 to 2 times a day. Treats both PAH and PH-ILD. The nebulizer (from Pharmosa) is a very portable device (iphone size). Expects to be in market in 4 years (some times away)
    -Expected market given Sales team coverage: “So we think there are probably about 6,000 to 7,000 targets in the market”

    Overall this looks very promising. Let me know if I miss anything. I’m not versed in this industry but does anyone see any other lawsuits UTHR can file against LQDA. Just trying to scenario things out.

    2
    Reply
      1. I am not familiar with the process, but can LQDA start investing/preparing for the launch right now? Can their sales team start making calls (so that doctors can start prescribing right away on May 24, 2025)?
        Or they can’t do anything (holding meetings with doctors) until mid night May 23, 2025?

        1
        Reply
          1. Here’s what I got from a quick Google search (take it with a grain of salt). LQDA can prepare for the launch of YUTREPIA before its anticipated approval date, but must comply with FDA regulations prohibiting pre-approval promotion of unapproved drugs. They can develop marketing strategies, train their sales team, and create educational materials in preparation for the launch. However, they cannot engage in promotional activities, such as making claims about the product’s benefits, safety, or efficacy, prior to approval. Discussions with healthcare professionals are allowed as long as they remain strictly informational and do not promote the product’s use or imply its safety or efficacy.

            Reply
          2. From reading the transcript, their sales team is definitely tapped in to their respective markets. Specifically, the sales team is “extremely experienced in rare disease”. “Most of them are from the PH space and have launched multiple products in PH”. This leads me to think they have tons of connections and network in that area which provides them color on the TAM. They can’t sell but that doesn’t mean they can’t do market research.

            Reply
  43. Its also interesting to read analysis from United Therapeutics.

    Some interesting things from reading UTHR 10Q and seeking alpha article

    https://seekingalpha.com/article/4737557-united-therapeutics-one-to-believe-in-despite-competitive-threats

    – “We intervened in this lawsuit and contend that the FDA acted improperly by allowing Liquidia to add PH-ILD to its pending NDA for Yutrepia instead of submitting an entirely new NDA. If Liquidia is ultimately required to submit a new NDA, this could result in a 30-month stay preventing the FDA from approving Yutrepia for the treatment of PH-ILD until the resolution of our lawsuit against Liquidia related to the PH-ILD patent.”

    Does anyone have any numbers on expected revenue share between Yutrepia for PAH and Yutrepia for PH-ILD? If the courts were to enact another 30 month stay on PH-ILD for Yutrepia, how big of an impact will it have of expected growth?

    – “We settled litigation with Watson Laboratories, Inc. (Watson) and Actavis Laboratories FL, Inc. (Actavis) related to their ANDAs seeking FDA approval to market generic versions of nebulized Tyvaso and Orenitram, respectively, before the expiration of certain of our U.S. patents. Under the settlement agreements, Watson and Actavis can market their generic versions of nebulized Tyvaso and Orenitram in the United States beginning in January 2026 and June 2027, respectively, although they may be permitted to enter the market earlier under certain circumstances.”

    -https://www.fiercepharma.com/pharma/merck-walks-away-key-fda-approval-pah-drug-winrevair

    Seems to me there are also lots of incoming competition in this space. I don’t have the knowledge to compare and contrast the various treprostinil alternatives and treatment methods (neubulizer, etc) but it does make you worry how Liquidia can stand up to the rest f the market.

    1
    Reply
      1. Do I understand correctly that after May 23, 2025 LQDA can sell Yutrepia for not only PAH but also PH-ILD?
        Can the ‘327 patent lawsuit with UTHR (scheduled June 2025) or the UTHR vs FDA lawsuit stop FDA from making the final approval, or stop/deter LQDA from launching Yutrepia for PH-ILD?
        If LQDA launches Yutrepia for PH-ILD and subsequently UTHR wins the patent lawsuit, will LQDA have to compensate UTHR?

        Reply
  44. It seems the judge is skeptical of Liquidia’s claims in its lawsuit against the FDA regarding the retroactively granted exclusivity to UTHR.

    Lionel Hutz did a good overview in this tweet: https://x.com/LionelHutz_Esq/status/1864767944699363438

    In a nutshell: LQDA has a low chance (<10%) of winning a favorable summary judgment due to the case's factual complexities and the court's tendency to defer to the FDA on scientific matters. A preliminary injunction, which would allow Yutrepia to launch earlier, has a higher likelihood (~50/50), but the outcome remains uncertain. However, commercializing in May is still on track.

    By the way, if you're looking to get up to speed on the entire LQDA case, Hunterbrook has recently published an excellent report: https://hntrbrk.com/liquidia-trial/

    1
    Reply
  45. What are your thoughts on UTHR’s two suits in the North Carolina Business Court against LQDA for theft of trade secrets and seeking to be added as a co-investor on LQDA’s 494 patent

    1
    Reply
      1. My reading is that the UTHR suits are both losers but it is a serious problem for LQDA if I’m wrong.

        Reply
  46. Just dropped: Judge Kelly decided that the FDA’s decision to grant the 3 year exclusivity to United’s Tyvaso DPI was not arbitrary or unreasonable. In other words, Yutrepia won’t come to market sooner than May 23rd 2025.

    Personally, I did not give any value to a scenario where Liquidia’s claim was valid.

    3
    Reply
  47. Annual earning report is out. Here are a couple snips from the Q&A:

    – “Before we review our full year 2024
    financial results, I’m happy to highlight yesterday’s announcement regarding expansion of our
    financing agreement with Healthcare Royalty Partners, which will provide Liquidia up to an
    additional $100,000,000 of financing in three tranches, including the $25,000,000 tranche funded
    at closing. We are grateful for the trust, commitment and confidence that Healthcare Royalty
    Partners has demonstrated over the years and we are optimistic that these proceeds and a
    successful launch of Utrevia following the expiration of exclusivity this May could lead to our
    reaching profitability without the need for additional capital.”
    ———–
    “Q: Roger, you touched on this a
    little in your prepared remarks, but just wondering if you could talk more about the
    administrative sequence and timeline to convert ETRAPIIS tentative approvals in PAH and PHIL
    D to full approvals?

    A: Speaker 3: Yes. So as we said in the opening thank you, Julian, and great to talk to you. So as
    we said in the opening, we plan to request final approval in the coming weeks In the tentative
    approval label that we received in August, it was recommended and suggested that we apply
    for final approval either two or six months ahead of the action date, which would be May 23,
    Given we view this as a Class one resubmission because no new data will be required for
    approval, we have been in concert with the agency working to deliver that letter around the
    March 24 timeframe so that we can be granted final approval around May 23. I don’t know if that
    specifically addresses what you’re seeking.”

    1
    Reply
  48. LQDA had a conference call on Q4 earnings yesterday.

    Jon has already shared a couple of highlights from the call in the comment above, and I would like to add a couple more.

    – Yutrepia approval expected around May 23rd:

    I’m happy to say that based on the favorable legal decisions over the last few years, there are no legal barriers that currently impact the FDA’s ability to issue final approval of YUTREPIA after May 23, when the exclusivity granted to our competitor will expire. It’s also important to remember that when the FDA issues a tentative approval of an NDA, it means the NDA has met all requirements for approval, but cannot reapprove due to existing legal or regulatory barriers.

    In our case, the sole barrier identified by the FDA was the new clinical exclusivity granted to Tyvaso DPI, which expires on May 23, 2025. As directed in the tentative approval label, we plan to submit request for final approval in the coming weeks.

    – More favorable label for Yutrepia vs Tyvaso:

    Question: should we expect any differences in the label for YUTREPIA versus Tyvaso DPI? I know in the past, you’ve mentioned demonstrating titration to 3x higher doses compared to Tyvaso DPI.

    Answer: But where we differ from the label is in the dose titration table because in our study that we used to bridge, we showed that we could escalate the doses, as you mentioned, up to 3x higher than the target therapeutic dose of the brand. So that will be in the label. And I think it’s an important point of differentiation because it’s what — it’s PRINT-enabled using our proprietary PRINT technology to drive the particles to the lower airway preferentially and avoid the toxicities associated with upper airway deposition. It’s going to help us drive a maximal outcome for these patients as they continue to progress, and it’s going to — and therefore, help us keep those patients on therapy longer is our presumption.

    So we think these are important and critical aspects. If you look across any route of administration of prostacyclin, dose matters, and the ability to drive dose usually predicts the sort of therapeutic utility of that therapy. And that’s why Tyvaso as labeled has had limitations in dosing, and it’s also why other drugs like Uptravi, an oral formulation, which is dose limited and dose ceiling, also has limitations over the long and chronic treatment course of these patients. So lots of opportunity there from us from a labeling and dosing standpoint.

    – Sales team is fully prepared:

    Question: And what is the status of the current field team with regards to both hiring and training?

    Answer: The status of the current sales team is they’re locked and loaded and ready. We’ve had the team on board for 14 months now, and these were experienced mostly PAH, all rare disease folks to begin with. And so they’ve been out in the field, strengthening relationships. They’ve been training, training, training. They are absolutely ready to go and very, very excited.

    On the future front, we actually just went through another exercise over the course of the last few months to take a look at our sales force sizing strategy. We think we’re well suited to launch, as I mentioned earlier. We will take another look at that once we get out and start to understand sort of the sensitivity factor for the number of reps, and then we’ll look at potentially expanding if that makes sense in the future.

    – Current financing is expected to be sufficient to reach profitability:

    Question: Wondering if you can comment on your updated cash runway following your recent financing and what assumptions go into that estimate that you could reach profitability with your current balance sheet?

    Answer: As it relates to runway, as we said, with this $100 million of additional financing from Healthcare Royalty is $25 million we received at closing. $50 million will be received upon the first commercial sale of YUTREPIA and the final $25 million will be at mutual option once we reach a cumulative $100 million in net sales of YUTREPIA. I think it’s pretty simple. We have — we’re very excited about the launch of YUTREPIA.

    As Roger said and Scott have said, we are fully ready from a commercial readiness point of view, from a supply point of view, we feel very bullish about our ability to launch this successfully. And we feel that if — assuming, as Roger said, we file for full approval here coming up, we get full approval on or near the expiration of the exclusivity date. We feel confident if we hit our goals and hit our targets that we could be profitable on this current balance sheet and like I said, fully support the L606 program, all of our Phase IV studies we’re doing on YUTREPIA while also the ongoing commercial readiness. So we’re very excited. We’re very confident. We’re very happy to have a great partner like Healthcare Royalty on this journey, and we look forward to launch.

    6
    Reply
  49. FDA has accepted Liquidia’s resubmission of its New Drug Application (NDA) for YUTREPIA. A PDUFA date of May 24 has been set – this is the FDA’s target deadline for a final decision.

    7
    Reply
  50. @dt I agree that a global trade war probably shouldn’t directly affect LQDA that much.
    However, XBI and UTHR fell even more than LQDA. It has been an industry-wide sell off, and LQDA’s valuation gap vs UTHR hasn’t become wider.
    Why do you think the 05/23 approval/launch catalyst hasn’t been widely known and well priced in?
    If there are no other additional near-term catalysts, from now on hasn’t this situation become merely a fundamental value play (i.e., we believe that LQDA is cheap vs UTHR and vs the sector)?

    4
    Reply
      1. These are fair points. But I don’t think the special situation angle is fully priced in. For one, this isn’t one of those instant-catalyst setups where the stock shoots up and everything plays out immediately after approval. Take VRNA, for example—its only commercial drug, Othuvayre, was approved in June 2024. Everyone saw that, yet the stock had a fairly mild reaction. But then over the next 8 months, it gradually and slowly went up by 4x as commercialization was launched and sales ramped. I expect similar dynamics with LQDA.

        Second, this has been an extremely frustrating and prolonged saga. A lot of investors got burned, and no one expected UTHR to play the lawfare game this aggressively. So, I think there’s a good bit market fatigue out there, and a bit of an “I’ll believe it when I see it” attitude around both the approval and the launch.

        I still expect a modest price bump in May. But the real upside likely plays out over the next six months, not next month.

        5
        Reply
  51. UTHR filed last week for a temporary restraining order (TRO) and a preliminary injunction to postpone the approval of Yutrepia for PH-ILD.

    Today, judge Kelly denied the TRO:
    Minute Order and Entry Proceedings held before Judge Timothy J. Kelly: Motion Hearing held on 4/21/2025 re 99 MOTION for Temporary Restraining Order and Motion for Preliminary Injunction. 99 Motion for TRO; DENIED for reasons set forth on the record. Deferring ruling on 99 Motion for Preliminary Injunction. Response due by 5/2/2025. Reply due by 5/9/2025.

    Judge now wants response and reply by early May for PI. This could be cut and paste.
    If after May 24th, PI is moot.

    3
    Reply
      1. Neither LQDA nor UTHR’s stock prices responded to the news. So at least the market considered it to be a non-event.

        Reply
  52. LQDA is going on offensive against UTHR. No idea if this could lead to anything meaningful or are they just playing litigation games. Kind of surprised this infringement gets filed only now vs when Tyvaso DPI was launched in 2022 (as I understand LQDA’s patent was infringed already then).

    “Filed a patent infringement action against United Therapeutics Corporation in the United States District Court for the Middle District of North Carolina alleging the infringement by United Therapeutics of U.S. Patent No. 10,898,494, entitled “Dry powder treprostinil for the treatment of pulmonary hypertension.”

    Some more info on the patent and infringement (all from Perplexity, so read with care):

    U.S. Patent No. 10,898,494 protects a dry powder inhalation formulation of treprostinil for treating pulmonary hypertension. Here are the details, including the grant date:

    Grant Date
    The patent was granted on January 26, 2021 (based on standard USPTO numbering conventions; exact date may require direct USPTO verification).

    Protected Invention
    The patent covers dry powder treprostinil compositions and their use in treating pulmonary arterial hypertension (PAH) via inhalation. It specifies formulations containing >25 micrograms of treprostinil per dose, optimized for delivery via dry powder inhalers.

    Key Features

    – Formulation: Includes treprostinil combined with excipients like trehalose (a stabilizer) and optional wetting agents or buffers to ensure stability and aerosol performance.

    – Method of Use: Focuses on inhaled administration to directly target the lungs, improving efficacy and reducing systemic side effects compared to intravenous or oral routes.

    – Dosage: Emphasizes doses exceeding 25 micrograms per inhalation, with claims extending to specific particle size distributions for optimal lung deposition.

    Core Infringement Basis
    Tyvaso DPI’s original formulation (approved in 2022) already contains elements overlapping with Liquidia’s patent (10,898,494):

    – Treprostinil dry powder: The active ingredient matches the patent’s claims.

    – FDKP excipient: While not explicitly covered in Liquidia’s patent, Tyvaso DPI’s use of treprostinil in a dry powder inhaler aligns with the patented method of delivery.

    – Dosing: Tyvaso DPI’s 16-64 μg cartridges (inhaled 4x daily) operate within the patent’s scope of “>25 μg per dose” when considering cumulative administration”

    2
    Reply
  53. Does anyone have a view on UTHR’s new request for prelim injunction? If I remember right, Judge Bates a year ago did not delve into the merits of UTHR’s claims but focused more on their standing because there had not yet been final agency action. This time around though, it looks like we are past the final agency action in terms of their accepting the amendment, so I’d think at least part of the evaluation should come down to the merits. So I was curious what people think of the actual merits of the arguments about the FDA being arbitrary/capricious in accepting it and “violating” the Bundling Rule.

    And then thinking through timelines if the worst should happen: if the judge actually grants the injunction and fda can’t approve the ph-ild part of the application, how long would it take for lqda to file a new supplement and get that approved? Presumably, since the original application would have been filed before the 327 patent, would they avoid 30-month stay?

    Reply
      1. We will find out soon enough. My gut feeling is that this will end the same way as last year, by UTHR claims getting dismissed. As I understand, UTHR could have re-filed this at any time after FDA issued tentative approval for Yutrepia in Aug last year. They filed it at the last minute, which looks more like throwing things at the wall to see if anything sticks.

        Having said that, this case saw quite a few surprises already, so maybe we should brace for another one.

        As for timeline in the worst case scenario, my thought below:
        – Liquidia already has all the data for separate PH-ILD NDA submission, so would probably be able to resubmit in a couple of months.
        – FDA would then take 10 months to review or 6 months under priority review (which I assume could be granted in this instance?).
        – So in total we would be looking at 8 months to a year.

        1
        Reply
          1. If the preliminary injunction is granted after 05/23, can it still stop LQDA from selling its drug?

            Reply
              1. Appreciate the responses. Interesting point on them waiting until the last minute. Though I wonder if UTHR had to do that in order to have the most standing and chance of showing harm. Prior to a couple weeks ago, LQDA hadn’t even filed for new pdufa, so UTHR couldn’t argue imminent harm yet.

                Agree they have all the data so submission should be easy. This latest resubmission fda granted them a pdufa date only 2 months from when they refiled. I wonder if they could file a separate ph-ild submission and get a 2 months date (even faster than 6 months priority review). Anyone know why they were able to get this one in 2 months and why that would/wouldn’t apply to a separate ph-ild submission?

                Snowball, not sure the answer. But the judge rejected the TRO so I would imagine in your scenario if there is no injunction by 5/24, AND fda were to give final approval, then sure Lqda would be free to launch. But I think this is unlikely. The judge seems aware of the timeline and ordered response by 5/2 and reply by 5/9. So I would imagine he will rule on the prelim injunction one way or another by 5/23. Could be wrong though.

                1
                Reply
                  1. If the preliminary injunction is denied, then time is LQDA’s friend and it will take UTHR a long time (maybe years) to litigate even if its case has merits, while LQDA can continue to market and make money from Yutrepia for PH-ILD, correct?
                    And even if UTHR wins its case, it can’t claim much compensation from LQDA because UTHR’s claim is that FDA (instead of LQDA)’s actions that did damage to UTHR, correct?

  54. PI and TRO are denied. Case closed. The pathway to commercialization of Yutrepia is now free of obstacles, apart from the approval required by the FDA of course, scheduled on May 24th.

    6
    Reply
      1. Here we go. On the market within a month. What a long strange road to get here.

        3
        Reply
  55. 1) Couldn’t UTHR try something brand new?
    2) Could they influence the FDA to delay the approval?

    1
    Reply
      1. Impossible to prove a negative but time getting short for more delay tricks.

        Reply
  56. LQDA has released Q1 results. Management is 100% certain that FDA approval will be received on May 24, and is “confident that patients will have access to YUTREPIA within a short time after launch”.

    It was also confirmed that there are currently no active proceedings in which UTHR is attempting to block the approval. That said, management expects UTHR to continue causing trouble in the future.

    “I think they still have significant standing issues trying to link the bundling guidance to a 30-month stay. And keep in mind, again, this is all just at the motion to dismiss phase. They still would have to then show that they’re correct on the merits as well. As far as other things that United Therapeutics might do, which I think your question alluded to, that’s really not for us to say. We don’t know what length they’re going to go to try to deny PAH and PH-ILD patients access to an alternative therapy. What I can say though is we’ll be ready in whatever form they pursue something, if they pursue anything from here on out, we’ll be ready to address it.”

    Transcript: https://www.bamsec.com/transcripts/60578de1-ef92-475a-99cb-39ba13fdbc72

    4
    Reply
  57. UTHR has filed another patent suit against LQDA, this time over the ’782 patent. Another last minute throw at the wall attempt to see if anything sticks. The market hasn’t reacted (the stock price actually went up yesterday), and LQDA’s management clearly expects the claim to be invalidated. They also stressed that this has no impact on the FDA’s decision expected on May 24.

    The ’782 patent is similar to previously invalidated ’793. From the press release:

    “The ‘782 patent, which issued on June 14, 2022, arises out of the same patent family as U.S. Patent No. 10,716,793 (the ‘793 patent) and claims the same general method of administering inhaled treprostinil to pulmonary hypertension patients. As disclosed in July 2022, the ‘793 patent was held to be invalid in a proceeding before the Patent Trial and Appeal Board (PTAB). The PTAB’s decision was affirmed by the U.S. Court of Appeals for the Federal Circuit in December 2023. The United States Supreme Court rejected UTHR’s petition for a writ of certiorari, thereby upholding PTAB’s decision which found that all claims of the ‘793 patent are unpatentable due to prior art as final and not subject to further appeal.”

    https://www.bamsec.com/filing/110465925046935?cik=1819576

    1
    Reply
  58. Dropping the full LQDA pitch from Buckley Capital. Their target is at $50/share, assuming LQDA and UTHR split the market.

    “Pulmonary arterial hypertension (PAH) is a serious and potentially life-threatening lung disease whose root causes span a wide range, from hereditary factors to underlying cardiovascular health conditions to systemic diseases like HIV and connective tissue disorders. PAH impacts an estimated half a million individuals around the globe, with around 50,000 American patients currently under treatment.

    Liquidia Corp (LQDA) developed a product called Yutrepia, which uses treprostinil via a dry powder inhaler to treat PAH and a related disease, pulmonary hypertension associated with interstitial lung disease (PH-ILD). LQDA began the regulatory approval process for Yutrepia in 2020. This caught the attention of United Therapeutics Corp (UTHR), which had a near-monopoly on PAH and PH-ILD treatments. While Liquidia’s Yutrepia was a better product than UTHR’s products, the incumbent was able to delay its launch for years in the court system by alleging patent infringement.

    Thus, Liquidia became a special situation where the main analytical questions were not scientific or regulatory, which traditional biotech investors focus on, but rather the ultimate litigation outcome between LQDA and UTHR and then the commercial potential of Yutrepia, which fit our skill set. In September 2022, following a legal ruling that adversely affected Yutrepia’s potential timeline to launch, LQDA stock fell sharply and traded in the $4-$5/share range. In the base rate, Liquidia had an 85% chance of winning its litigation war with UTHR (it’s generally very difficult for biotech incumbents to defend themselves against new competitors by proving patent infringement). But LQDA’s case was much stronger than the base rate: we felt the probability of LQDA prevailing in the litigation was extremely high.

    We also felt that once the court battle with UTHR was over, LQDA would launch Yutrepia for the treatment of PAH and PH-ILD very successfully. Given the superiority of Yutrepia, we felt the probability of LQDA taking over 50% or more of this market was high, although we knew LQDA had to clear the legal process prior to launch. Assuming LQDA splits the market with UTHR, we believe its stock could ultimately trade to ~$50/share, possibly more given that its market continues to grow. Our initial purchases in September 2022 were between $4-$5/share.

    While it took longer than anyone expected, LQDA ultimately prevailed in court. The legal process is now largely behind them, and Yutrepia is set to launch in May 2025. LQDA shares have performed well so far in 2025, as the company released data at the JP Morgan conference in January, further confirming what investors have always believed – that LQDA has superior products to UTHR.

    We believe an outcome similar to Verona’s is possible for Liquidia. Verona’s share price has more than tripled since their product launch in August 2024. We think LQDA could double this year, and then more than triple over the next few years as Yutrepia begins to prove its potential as a new and disruptive blockbuster drug. We think the possibility of Liquidia being acquired after they launch is reasonable, and would not be surprised if they were acquired in the next 2 years.”

    full letter here: https://www.dropbox.com/scl/fi/rqsojchuojq3mc7yiutzk/Q1_BCP_2025_letter.05.pdf?rlkey=gjxobn3mkyolofie75g5djw4l&e=1&st=dq6vc05y&dl=0

    1
    Reply
  59. Up 17% today with 3x normal volume. No news, or more likely the public is always the last ones to know.

    4
    Reply
  60. Anyone have the Oppenheimer report? What’s the thesis and what’s the rating on UTHR?

    Reply
      1. I just saw they mainly said Yutrepia won’t be widely adapted, or something along those lines. Didn’t see full report but Oppy’s got some relationship with UTHR and buy rating. link to interesting tweet coming up

        Reply
          1. Is that really true? Together with the new price target the stock was cut to underperform from perform. Did they really have perform recommendation when their price target was $3?

            Reply
      2. LQDA shares are simply back to the levels they were at last week, before the unexpected/unexplained run-up in the share price.

        While I do not have access to full Oppenheimer report, below is a summary of how LQDA was covered.

        Oppenheimer analyst expressed concerns about Yutrepia’s ability to gain market share, arguing that its advantages over Tyvaso DPI may not be meaningful enough to drive the switching. The analyst has been a long-time bear on LQDA and previously assumed Yutrepia wouldn’t even reach the market. Now, with this “bearish” note, he’s raised his price target from $3 to $13/share.

        He’s also projecting $153m in Yutrepia sales for PAH and $256m for PH-ILD by 2030. For context, United Therapeutics generated $1.6bn in Tyvaso sales last year, with revenue growing 31% YoY.

        4
        Reply
  61. Yutrepia has been granted its approval by the FDA for both PAH and PH-ILD! Although this is great news, the stock price is modestly down after trading resumed following the trading halt. The unpredictable nature of the market continues to impress me.

    1
    Reply
      1. This was basically a given, now once we see script sales and the actual rev numbers is when the rocketship is fueled.

        1
        Reply
          1. Press release and 8-K showed that Liquidia remains still quite handcuffed by litigation risks. Pending injunction creates further near term uncertainty. Resulting delayed launch of commercialization is a bit of a bummer and it didn’t help that the company didn’t provide more info on the launch in the press release. Let’s wait and see what management has to say on the webcast next week and let’s also hope that the court rejects rather sooner than later the temporary restraining order and preliminary injunction filed by UTHR.

            1
            Reply
                  1. Last paragraph in yesterday’s press release:

                    “ As previously disclosed, United Therapeutics Corporation (UTHR) filed a complaint on May 9, 2025, in the U.S. District Court for the Middle District of North Carolina (Case No. 1:25-cv-00368) against Liquidia alleging infringement of U.S. Patent No. 11,357,782 (the ‘782 patent) and seeks to enjoin Liquidia from commercializing YUTREPIA to treat PAH and PH-ILD. UTHR has filed a motion for temporary restraining order and preliminary injunction to block Liquidia from commercially launching YUTREPIA.
                    Oral argument on the motion was held on May 20, 2025. The motion remains pending with the Court.”

  62. The FDA approval is unaffected by the litigation, and YUTREPIA is cleared for market entry.

    Liquidia can proceed with sales unless and until the court issues an order blocking commercialization.

    The risk of a future injunction remains, which could impact sales if granted.

    2
    Reply
  63. This patent is just a Hail Mary attempt and it has close to zero chances in succeeding. As noted by Ilja above, it belongs to the same patent family that was already invalidated by PTAB due to prior art.

    As for minimal market reaction to approval – I did not expect anything else, the approval date was known and it was clear it will be granted. So this got baked into LQDA price over the last few months.

    The next catalyst will be Yutrepia’s traction in commercialization. As LQDA had a whole year to prepare, I would expect the start to be very strong. Management might provide more details on Tuesday’s webcast.

    2
    Reply
  64. Curious if others here think LQDA is truly “deeply undervalued” at ~$17. If they get to 50% share of the $1.2B inhaled treprostinil market in 5 years, with 50% EBITDA margins and a 10x multiple, that’s ~$37/share discounted back — roughly today’s price.

    What justifies the idea that this should be a $50 stock now? Is there a compelling case for 50% share happening much faster, margins ramping early, or a premium multiple vs UTHR’s ~5x? Feels like current price already reflects a pretty optimistic base case.

    Reply
      1. The $1.2B market is today’s U.S. Tyvaso revenue, but with PH-ILD growth, higher dosing, and potential IPF/PPF approval, TAM could reach $2–3B within 5 years. If Liquidia gets to 40% share of a $2.5B market by year 5, that’s $1B in revenue, $500M EBITDA (at 50% margin), and at a 12x multiple, $6B EV. After adding cash and dividing by 80M shares, that’s about $75/share — 5 years out. Discounted at 15%, that’s ~$37 today. So $17 still embeds launch risk and delay, but doesn’t reflect faster uptake or premium pricing scenarios.

        3
        Reply
  65. Has anyone looked into IQVIA NPA (or other services) to track Yutrepia sales? I put in an inquiry.

    Reply
  66. I am thinking about my exit rule.
    LQDA could well be very undervalued, but I don’t think we special situation investors have much edge in valuing and tracking a normal pharma business, which LQDA has become.
    My exit rule is likely to be time-based and/or event-based.

    (1) Time-based means that I would exit in 6-9 months (i.e., later Nov 2024 to Feb 2025) after FDA approval, regardless of what happens to its stock price .
    @dt mentioned that in the case of VRNA the stock rose significantly in the 8 months after approval. So 6-9 months seems to be the right time frame.

    (2) Event-based means that I would exit after a certain event, regardless of what happens to its stock price.
    It could also be a series of events, after each of which I would reduce my position by a certain %.
    Th relevant events include:
    Webcast on 5/27, providing an update on commercial launch preparations;
    Litigation updates re the ‘782 patent;
    End July, UTHR quarterly results;
    Early August, LQDA quarterly results;
    End October, UTHR quarterly results;
    Mid-November, LQDA quarterly results;
    I am also curious how frequently and promptly we can get an update from IQVIA on Yutrepia/Tyvaso sales. Presumably we can get a reading well before company earnings call?

    4
    Reply
      1. Agree on your take. My intentions are also to wait for near term catalysts for re-rating. Successful launch will be the key one. As I noted before – LQDA had a whole year to prepare, so I would expect the start to be very strong. This should be visible in Q2 and Q3 results already.

        The problem with this approach, however, is that it is not clear what kind of launch expectations are already baked into the share price. We have a company with zero revenues trading at $1.3bn market cap. So the market is not pessimistic and expects Yutrepia sales to gain traction fast.

        Reply
          1. On the call management noted, that they do not expect any revenues during Q2. So Q3 is the earliest we should be expecting to see any meaningful Yutrepia sales in financials.

            “So Again, we’re going to be in the market for a very short period of 2Q. So the initial orders will be to the specialty channels, and they’ll be in line, I think, with early estimates of what the specialties think we need to have in stock to start patients reliably. So I wouldn’t look for that the second quarter to be a big bolus, so to speak, of revenue or patients just because the time is constrained.

            I think then as we get into the third and fourth quarters of the year, obviously, we’ll look for acceleration and growth as we begin to drive awareness at each of the centers that Scott talked about earlier. So I would look at it that way, sort of an initial entry point, getting familiar with the systems, getting — price companion done and all of that, those sorts of things and then moving quickly into a growth phase.”

            Management promised to provide additional metrics to track success of the launch.

            “If you have a sense, yet of what metrics that you would be able to provide throughout the launch?
            <...>
            In terms of metrics <...> in the early phase of our launch is try to give you some granularity because it’s going to go through the [FPS] channels, and you won’t have transparency to kind of how the demand curve is looking. So we can try to — I think in the early phase give you some data, potential patient starts, for example early. And then over time, as revenues become the major driver, we’ll blend to less granularity and more just topical types of description, similar to what other people in the space give. I don’t know Mike, any other comments on that?
            <...>
            As Roger said, building on that, we’ll look at new patient starts, potentially look at prescribers, unique prescribers and things like that. But I agree with Roger, that early on to give an indication of the success of the launch we’ll taper off as we move through the early phase of the launch.
            <...>
            But we’re — I think it’s a good question, Greg, and we’re sensitive to the issue, and we’ll try to be as transparent as we can be.”

            2
            Reply
  67. Taking a step back, feels like one of UTHR or LQDA is mispriced here, unless TAM grows materially or the cos manage to compete each other into the ground on pricing.

    In general, if you still want to play it seems more like an options play than the equity imo. Feels like the range of outcomes is pretty wide here and hard to handicap but not sure the IV on calls is wide enough…

    Reply
      1. I think LQDA’s IV is too high for a drug commercialization thesis that if playing out will do it only gradually in 3-5 years not 3-5 months.
        Market is pricing its IV as if there would be some binary or step-change events in the near term.
        So maybe play it with a buy-write?

        1
        Reply
  68. following up to my unposted comment with link:

    Patient Preference: In the INSPIRE trial, 98.2% of patients switching from Tyvaso nebulizer preferred Yutrepia’s RS00 Model 8 dry powder inhaler at week 2, with 100% preference by month 4, citing its convenience and portability (1–2 breaths vs. 3–24 for Tyvaso nebulizer). The palm-sized inhaler requires no daily cleaning or assembly, unlike the nebulizer, which needs 5 minutes of setup and daily cleaning with warm, soapy water.

    2
    Reply
  69. Several notes from yesterday’s call.

    On launch:
    – In PAH, Liquidia is entering a “well-established market, but one that’s far from satisfied.” In PH-ILD, “the need is even more urgent. Inhaled treprostinil is the only approved treatment and for many patients, it’s a lifeline.”
    – Yutrepia was expected to be in the channel within 14 days or so.
    – The initial effort will focus on new patient starts, followed by a broader push for switching unsatisfied patients on inhaled treprostinil or oral therapies.
    – The infrastructure is ready, the supply chain is in place, payer engagement is underway, and patient support programs are live.
    – Payer coverage still in progress. Management has been discussing with payers for several years and are confident in achieving broad access in both Part D and commercial plans in the coming months.

    Revenue / profitability expectations:
    – No meaningful revenue is expected in Q2 due to the short time in the market; initial orders will be for specialty channels to stock sufficient supply.
    – Acceleration and growth are expected in the third and fourth quarters.
    – “With nearly $170 million in cash on hand at the end of March. We are well capitalized to support a successful launch.”
    – “Based on our projections, we believe that we could achieve profitability within 3 to 4 quarters after launch.”

    No pricing war with Tyvaso:
    – “We will be pricing on a 28-day WAC supply at $24,000, $24,362. That equates to about $317,000, annually. And is at parity to TYVASO DPI.”

    782 patent lawsuit:
    – No additional details/thoughts shared: “we’re just waiting to hear from the judge. I think we would expect a decision on the motion for at least temporary restraining order soon. He could also roll on the preliminary injunction in the same time frame or he could wait for additional briefing on that. So at this point, again, we’re just waiting on the court. And could hear at any time really at this point.”

    6
    Reply
  70. Seems to me that the payer is a critical point. Given the cost of the treatment, patients are not going to adopt it if not covered by the health insurance. Are deals with insurance companies easy and quick to get?

    Reply
  71. United Therapeutics’ TRO and PI were denied by the judge on Friday. The only obstacle now is execution, but it should be relatively easy as Yutrepia is a far superior product.

    I have read a forum from the PAH community and they are very positively excited with the arrival of Yutrepia. Someone also mentions being on L606 in the clinical trial and says that she can finally have a normal life with no secondary effects after 18 years of illness.

    https://pulmonaryhypertensionnews.com/forums/forums/topic/have-you-heard-the-exciting-announcement-about-the-official-approval-of-yutrepia/

    Reply
      1. Thank you, Ian. Do you have a link to the source for your first statement?

        Reply
      2. Fwiw, there’s a few sellside analysts who cover UTHR/LQDA who aren’t totally sold based on their discussions with KOLs (Key Opinion Leaders) that Yutrepia is meaningfully better (but also not worse). I wouldn’t expect doctors to be swapping patients off of it as a result and there will be some natural draw to what they already know.

        Base case here seems like strong market share of new PAH patients and strong uptake in PH-ILD (hopefully market leader, but that also seems like more of a bull case).

        2
        Reply
          1. Career Pharma guy here. Switching patients from one medicine to another is generally not a common practice. In every launch I’ve ever been a part of, we’ve almost exclusively relied on new patient share. In fact, that’s the main KPI, not Market Share %.

            5
            Reply
      1. I can’t believe the stock is up 8% on this?

        Maybe I was under pricing the risk here but seems very surprising given what appeared to be an extraordinarily low risk event.

        Reply
  72. Seems like a positive update from LQDA

    – Liquidia will make its first commercial shipment of YUTREPIA to specialty pharmacies, making the drug available to patients. This comes just five business days post-approval.

    – On May 30, 2025, the U.S. District Court for the Middle District of North Carolina denied UTHR’s request for a preliminary injunction and temporary restraining order aimed at halting YUTREPIA’s launch. The court found UTHR unlikely to succeed on the merits of its patent infringement claim. No emergency legal barriers remain to prevent launch.

    CEO noted:
    “We have moved with exceptional speed to provide a new and differentiated therapeutic alternative to the marketplace. In just over one week, our sales force hit the ground running with the promotion of YUTREPIA, the product was listed with compendia, and commercial product was shipped to specialty pharmacies. This extraordinary pace is a direct result of our rigorous preparation and the strategic urgency driving our desire to provide patients immediate access to the unique attributes of YUTREPIA as we look to position it as the prostacyclin of first choice for patients with PAH and PH-ILD.”

    I’m quite surprised it hasn’t gone up more.

    Reply
  73. Cedar Grove Capital Management wrote on Substack:

    “With the approval of the FDA on the 22nd, LQDA has already begun its first commercial shipment of Yutrepia, which is what we’ve all been waiting for. With the TRO out, we’re still not quite out of the woods yet, but the upside for LQDA is looking brighter.

    In our original note, we outlined the math on what we think LQDA could do with Yutrepia and the conservative price that could reward shareholders. Emphasis on conservative, which would still signal a multiple of where it’s at today.

    We are very optimistic about the future of this company and our current position.

    As a reminder, LQDA presented at Jefferies yesterday with some very positive commentary – hence the >6% move in the stock.”

    https://www.cedargrovecm.com/p/a-bunch-of-quick-position-updates

    1
    Reply
  74. FYI – from an IQVIA acct manager as of June 9th. I don’t think this means they have no sales, it just means IQVIA doesn’t have the data. I am trying to find out more and get pricing details, but mainly posting to see if anyone else has input on script data sources?

    It is my understanding that you’re looking for prescription data for sales of Yutrepia (Liquidia recently received FDA approval). Also, you’d like us to add Tyvaso sales if no additional costs..

    After taking a look the database, we do not have any reported data for Yutrepia yet. If Liquidia recently received the approval, perhaps is has not been dispensed for Rx yet?

    I do see sales and prescription volumes for Tyvaso – if you’d be interested in the price just for that report?

    Reply
  75. LQDA and UTHR down on Insmed’s positive Phase 2b results of it’s TPIP*

    1
    Reply
  76. I have exited my LQDA position, unfortunately, 3 days and -20% too late, but in my eyes the situation has significantly changed.

    I did some reading about the new Insmed TPIP. It has several very strong advantages versus Yutrepia/Tyvaso. If the results of Phase 3 trial will show equally high effectiveness and tolerability, then this new prodrug will completely screw over both Yutrepia and Tyvaso. Specifically:
    – TPIP is a prodrug, that deposits in lung tissue and is slowly hydrolyzed into active treprostinil within lungs.
    – This way treprostinil is formed gradually in the lungs from the prodrug, leading to a very flat systemic PK profile (meaning low peaks and throughs) and, in turn, high local pulmonary effect.
    – This also allows for once a day dosing frequency (vs 4x for Yutrepia).
    – And also allows for much higher titration/dosage levels, with a single dose in Phase 2 trial already at 8x levels of Yutrepia and even higher doses planned for Phase 3 trial.

    In short, if Yutrepia can be seen as an incremental improvement over Tyvaso, then TPIP represents a much more transformative advance over both. It would be a next generation inhaled prostacyclin.

    The planned L606 trial by LQDA also has a sustained release mechanism (but a slightly different one with treprostinil encapsulated in lipid vesicles), which would allow for higher dosage and twice a day treatment. This program is at a similar stage as TPIP, with placebo controlled Phase 3 trial to be launched by the end of the year. L606 might have quicker timeline to approval due to eligibility for 505(b)(2) route, but that would probably give it only 2 years lead over TPIP, which might still end up being significantly superior treatment option (at least judging from the current data readouts on both drugs).

    While no one knows if TPIP Phase 3 results will be as impressive as the just-reported Phase 2 results, this risk will remain an overhang on LQDA shares. This looming overhang, is the key to my position exit decision. The current LQDA price already reflects somewhat optimistic revenue traction in the near term (1-2 years) and now it is much harder to see how LQDA shares can move higher even if the sales figures surprise to the upside few quarters later (remember, management did not expect meaningful revenues in Q2 or Q3 this year). Any positive catalysts might fade in light of a potentially terminal event looming a few years down the line.

    6
    Reply
      1. dt- it would be very helpful if you sent an email to subscribers when you exit a position. Otherwise it gets buried in the comments until your next update. Thank you for the consideration.

        13
        Reply
      2. Do not you think that they presented a bit exaggerated results, for example the baseline for placebo group was higher. What the result would look like if placebo group were treated instead? It also seems their PH ILD study wasn’t much successful where the main market is.

        2
        Reply
          1. The results might be biased to smaller sample and group selection, but see the second part of my comment:

            “While no one knows if TPIP Phase 3 results will be as impressive as the just-reported Phase 2 results, this risk will remain an overhang on LQDA shares.”

            Over the next year or two, LQDA sales are not likely to reach levels to justify much higher valuation just based on the ongoing profitability. It was and will be based on the expectation of further growth in years to come. And now that further growth is in doubt till we get TPIP Phase 3 results. Thus my thinking, that LQDA shares might be stuck around current levels for the next couple of years, even if there is good traction in quarterly Yutrepia sales figures.

            1
            Reply
              1. A buy-write strategy rolling monthly seems to suit the scenario you describe.

                1
                Reply
                  1. Exactly if you want to play it. I have written calls 4x and taken in very nice premium. Currently short the July 15 calls.

                    1
  77. Seems like too early exit by author, short interest all time high at the 32% level and at the same time sentiment is shifting back to reality.

    4
    Reply
  78. Has been a great cover write. Have reduced cost basis to almost 10 from starting at 15. Hope to get to 8 by October.

    Reply
      1. Apparently Yutrepia sales are tracking far better than initial expectation and investors are excited. My mistake in closing this out prematurely – it is up almost 100% in the two months since.

        From the CEO comments in the press release:

        “In the 11 weeks since approval, we’ve recorded over 900 unique patient prescriptions leading to more than 550 patient starts. This initial demand has exceeded my own high expectations.

        The robust and increasing uptake reflects a clear need for more flexible and better-tolerated prostacyclin therapies. We’ve already seen broad demand across both indications from both cardiologists and pulmonologists. Notably, this early momentum has been achieved ahead of full payor adoption, highlighting the potential for accelerating growth as we continue to expand market access during the third and fourth quarters.”

        3
        Reply
          1. Not much to learn from the “lesson” though. You cases for exiting LQDA were sound and prudent, without hindsight. And we don’t have any edges in predicting sales of a new drug.

            4
            Reply
              1. Snowball you have a point I in general agree with you. But for those who follow these sorts of long term value strategies I think we often have a very good understanding of why and when to buy but lack the same sort of confidence on the sell side. I find the shrewdness and pessimism that caps my downside on the buy can poison my gains on the upside by making me to eager to sell.

                1
                Reply
  79. Based upon the number of sell side analysts that were on the call today, there should be a few reports coming out the evening and tomorrow.

    2
    Reply
  80. I saw 3 research reports this AM: Wells Fargo – overweight, $31PT, Raymond James – strong buy, $41PT, and Oppenheimer – underperform, $6PT

    Reply
      1. I believe the Oppenheimer guy has a habit of sandbagging LQDA. Didn’t he write something bad right before the FDA approval?

        There is still a gigantic short interest…almost a quarter of the float. I have no position anymore but wonder if it could moonshot when those are covered.

        2
        Reply
  81. It might be good entry point again though it is higher than initial setup price. Price was moving down from its peak for the last month for no obvious reasons and was pushed further by UBS opinion that current litigation has higher chance for UTHR win that could impact LQDA future. Short interest remain at elevated levels 28%.

    2
    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *