United Therapeutics Sues FDA Over Liquidia NDA
United Therapeutics says it is suing FDA over the agency’s decision to permit Liquidia Corp. to add a second proposed indication to its NDA for Yutrepia (treprostinil) inhalation powder. In a statement, United says FDA mistakenly permitted Liquidia to amend its NDA and “skirt longstanding FDA rules, precedents, and procedures on how pending drug approval applications are handled by the agency. In doing so, FDA inappropriately denied United Therapeutics its right to obtain a stay of Liquidia’s final approval until United Therapeutics’ pending patent infringement claim against Liquidia can be resolved.”
United says that under FDA rules, precedents, and procedures, Liquidia should have had to seek an indication for pulmonary hypertension associated with interstitial lung disease (PH-ILP) by filing a new NDA rather than filing an amendment to its pending NDA. “United Therapeutics believes this distinction is critical to ensure the proper review and approval of new drug applications in a fair, equitable manner consistent with FDA’s prior practices with which industry has complied for decades,” the company says.
On 1/25, FDA informed Liquidia that it would miss the 1/24 PDUFA action date for the amended Yutrepia NDA because the agency is confirming the process for adding the PH-ILP indication as an NDA amendment.
FDA issued an 11/5/2021 tentative approval for Yutrepia to treat pulmonary arterial hypertension to improve exercise ability in specified adults. Liquidia filed its amendment in 7/2023 seeking to add PH-ILP to the label indication. “FDA previously confirmed that Yutrepia may include the treatment of PH-ILD to the proposed label for Yutrepia without additional clinical studies,” Liquidia said.