NASDAQ:LQDA Liquidia Q4 2023 Earnings Report $14.12 +0.09 (+0.64%) Closing price 04/25/2025 04:00 PM EasternExtended Trading$14.11 -0.01 (-0.07%) As of 04/25/2025 07:55 PM Eastern Extended trading is trading that happens on electronic markets outside of regular trading hours. This is a fair market value extended hours price provided by Polygon.io. Learn more. Earnings HistoryForecast Liquidia EPS ResultsActual EPS-$0.42Consensus EPS -$0.23Beat/MissMissed by -$0.19One Year Ago EPSN/ALiquidia Revenue ResultsActual Revenue$4.53 millionExpected Revenue$5.29 millionBeat/MissMissed by -$760.00 thousandYoY Revenue GrowthN/ALiquidia Announcement DetailsQuarterQ4 2023Date3/13/2024TimeN/AConference Call DateWednesday, March 13, 2024Conference Call Time8:30AM ETUpcoming EarningsLiquidia's Q1 2025 earnings is scheduled for Monday, May 12, 2025, with a conference call scheduled on Tuesday, May 13, 2025 at 8:30 AM ET. Check back for transcripts, audio, and key financial metrics as they become available.Conference Call ResourcesConference Call AudioConference Call TranscriptPress Release (8-K)Annual Report (10-K)Earnings HistoryCompany ProfilePowered by Liquidia Q4 2023 Earnings Call TranscriptProvided by QuartrMarch 13, 2024 ShareLink copied to clipboard.There are 11 speakers on the call. Operator00:00:00Good morning, and welcome everyone to the Liquidia Corporation Full Year 2023 Financial Results and Corporate Update Conference Call. My name is Michelle, and I will be your conference operator today. Currently, all participants are in a listen only mode. Following the presentation, we will conduct a question and answer session. The instructions will be provided at the time for you to queue up for a question. Operator00:00:22I would like to remind everyone that this conference is being recorded. I would now like to hand the conference over to Jason Adair, Chief Business Officer. Speaker 100:00:32Thank you, Michelle. It's my pleasure to welcome everyone to Liquidia's full year 20 23 financial results and corporate update call. Joining the call today are Chief Executive Officer, Doctor. Roger Jeffs Chief Operating Officer and CFO, Michael Cassetta Chief Commercial Officer, Scott Moomaw Chief Medical Officer, Doctor. Rajeev Sagar and General Counsel, Rusty Schindler. Speaker 100:00:54Before we begin, please note that today's conference call will contain forward looking statements, including no statements regarding future results, unaudited and forward looking financial information as well as the company's future performance and or achievements. These statements are subject to known and unknown risks and uncertainties, which may cause our actual results or performance to be materially different from any future results or performance expressed or implied on this call. For additional information, including a detailed discussion of our risk factors, please refer to the company's documents filed with the Securities and Exchange Commission, which can be accessed on our website. I would now like to turn the call over to Roger for our prepared remarks, after which he'll open up the call for your questions. Roger? Speaker 200:01:41Thank you, Jason. Good morning, everyone, and thank you for joining us today. While today's call is intended to review the company's accomplishments in the last year, we know that physicians, patients and our investors are solely focused on one thing, the potential FDA approval in the coming weeks of UTREVIA, our novel dry powder formulation of treprostinib. I will ask Rusty to address the legal and regulatory path to approval in more detail shortly. But to put it simply, with the recent decisions by the Federal Circuit affirming the invalidity of the sole patent that is blocking our approval, the FDA should be able to grant approval for eUTREVIA after March 31 when regulatory exclusivity to treat PHILD with Tyvaso expires. Speaker 200:02:22A precise final approval date is hard to forecast, but we view the remaining steps as largely procedural. Final FDA approval has always been the goal and we have never been closer or better prepared than today. 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 a potential launch in both PAH and PH ILD. Speaker 200:02:55Our R and D team continues to build clinical knowledge by studying new TREVIA in PH ILD patients in the open label ASCEND trial. And our finance team has positioned the company with the resources and discipline required to execute a successful launch. We entered 2024 at a full sprint due to the resolve and execution of our team in 2023. Last year, everything grew in the right direction. Our confidence grew with legal wins. Speaker 200:03:25Our balance sheet grew with key transactions by marquee investors and insiders and our pipeline grew with the in license of L-six zero six, the most clinically advanced next generation sustained release inhaled treprostinil program. Given the proximity of a potential launch, I'd like to spend a little time framing the potential market opportunity for Utrevia as we see it, both in PHILD and PAH. With regard to PHILD, our current best in treating patients. However, these estimates likely undervalue the total addressable population since those calculations rely on historical publications before the field had effective tools to treat the disease and therefore reasons to diagnose the disease. With inhaled treprostinil as the only approved mechanism to treat BHL D, the market penetration is still in its infancy. Speaker 200:04:17We believe there is significant growth in this market. Total inhaled treprostinil revenues currently sit at about a $1,300,000,000 annual run rate in the U. S. Alone. With regard to PAH, we also believe that UTREPA has potential for significant uptake. Speaker 200:04:34We view Eutrepia as having the potential to not only be the best in class inhaled treprostinil given its dosing flexibility and ease of use, but also the 1st in choice process cycle. Specifically, patients who previously considered the oral prostacyclins as their starting choice can now avoid the significant and limiting off target GI toxicities associated with these drugs while still achieving therapeutic doses. Thus, combining current sales of oral prostacyclin of approximately $1,600,000,000 in PAH with the recently reported sales from inhaledeprostatol of 1,300,000,000 dollars the market opportunity for UTRAPEA could be approaching $3,000,000,000 and growing incrementally as the PHILD patients still remain largely untreated. With its unique and differentiated approach, it's a significant barrier potential for UTREPA to capture value in both of these markets. At this time, I would like to ask Rusty to summarize the next steps towards final Speaker 300:05:35Thank you, Roger. I'd like to group the recent litigation and regulatory activity into 2 buckets. First, those items on the critical path to Eutrepia's approval. 2nd, the recent attempts by United Therapeutics to assert new legal theories to block approval of Eutrepia. 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 Eutrepia are nearing an end. Speaker 300:06:03In the first bucket I mentioned, as we have publicly stated previously, there are only 2 items on the critical path for Eutrepia to be launched. First, Judge Andrews must lift the injunction he ordered in August 2022 based on his 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 a rehearing. And second, the regulatory exclusivity granted to Tyvaso for the PHLD 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 utrepia for both the PAH and PHIL indications. We will not speculate on a specific date when Judge Andrews will render his decision, but the matter has been fully briefed and could be decided at any time. Speaker 300:06:54In the 2nd bucket, over the last several weeks, United Therapeutics has sought to add new impediments to FDA approval in our launch of Eutrepia 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 in those actions. We believe that this burden will be a challenge for them to meet based on the laws and the facts at issue. The first request for preliminary injunction is directed to the 2nd Hatch Waxman suit alleging infringement of the 3/27 patent in the treatment of PHLD. Issued after the Utreptia NDA was submitted and after Liquidia amended its NDA to add PHILBs to the label for UTREPA, the 3/27 patent covers the treatment of PHILB patients with Tyvaso in accordance with the dosing regimen in the Tyvaso label. Speaker 300:07:48As we have noted previously, there is considerable prior art that teaches the treatment of PHLD patients with Cyvaso, including the 793 patent and multiple peer reviewed publications in the decade prior to the priority date for the 3/27 patent that described positive results from treating PHIL patients with Tyvaso. Courts have generally refrained from issuing preliminary 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 3/27 patent exist. 2nd request for preliminary injunction is directed 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 eutrepia to add the PHLB indication. Speaker 300:08:44We have intervened in the case and are now a 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 is improper is based primarily on a non binding 2004 FDA guidance document, ignoring subsequent FDA regulations adopted in 2016 that expressly contemplate the possibility of adding new indications to 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 PHILV indication. Speaker 300:09:37The exact same process used by United Therapeutics to add PHILV to the label for Tyvaso. Critically, the statute expressly states that amendments and supplements are treated 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 18th and a hearing will be held on March 29th. We look forward to this matter being addressed in short order. In summary, Liquidia sees the path to launching new Trepi in 2 straightforward actions, removal of the injunction and approval of the products. Speaker 300:10:20The rest is a last ditch attempt by a competitor to make any and every argument they can to maintain their monopoly and deny patients the access to a meaningful treatment option. We have long anticipated the possibility that United Therapeutics can engage in such a flurry of activity as we need near clearance of the original Hatch Waxman litigation and we are prepared to meet them head on. With that, I will pass to Mike for a review of last year's financials. Speaker 400:10:46Thank you, Rusty, and good morning, everyone. Company has never been in a stronger financial position than it is now, heading towards its 1st project 1st major product launch. The financial discipline we've shown to date has not only allowed us to fully engage in defending against the litigation campaign that has been directed against us, but as demonstrated to the savvy investors that we can meet and exceed expectations as we look to build value in the company without overspending or incurring significant dilution. Turning to our full 2023 financial results, which can be found in the press release, you will see that revenue was $17,500,000 for the year in 2023 compared with $15,900,000 in 2022, tied to our promotion agreement with Sandoz to commercialize turbopstinil injection. The increase of $1,600,000 was primarily due to favorable gross to net chargeback rebate and managed care adjustments offset by the impact of lower sales quantities as compared to the prior year. Speaker 400:11:45Cost of revenue was roughly the same for 20232022 at $2,900,000 Cost of revenue relates to the promotion agreement. Research and development expenses were $43,200,000 in 2023 compared with $19,400,000 in 2022. The increase of $23,800,000 or 122 percent was primarily due to the $10,000,000 upfront license fee payment to Formosa for the exclusive license to develop and commercialize L-six zero six for North America, plus an additional $2,600,000 in support of that program. Expenses related to our Eutrepia program increased to $13,000,000 from $6,700,000 the prior the year prior, primarily due to increased manufacturing of pre launch commercial supply and the start up of our Ascent study. Personnel and consulting expenses, including stock based compensation expense, also increased $5,100,000 primarily due to increased headcount to support the potential commercialization of utrepia. Speaker 400:12:49General and administrative expenses were $44,700,000 in 20.23 compared with $32,400,000 in 20.22. The increase of $12,300,000 or 38 percent was primarily due to a $9,800,000 increase in personnel and consulting expenses, including stock based compensation, partially driven by the expansion of our field force and also a $1,400,000 increase in commercial expenses in preparation for the commercial potential commercialization of Utrevia. In summary, we incurred a net loss in 2023 of $78,500,000 as compared to a net loss of $41,000,000 in 2022. We ended the year with $83,700,000 cash on hand and then quickly added another $100,000,000 in the 1st week of January with a private placement of equity to a single investor and a third advance from healthcare royalty under our agreement from January 2023. In summary, we are well positioned to achieve our corporate objectives in 2024. Speaker 400:13:53I would now like to turn the call back over to Roger. Speaker 200:13:57Thank you, Mike. 2024 is shaping up to be the transformational year at Liquidia. We are poised in the starting blocks and as you and Rusty have both described have fought earnestly to get where we are today. We look forward to proving ourselves in the market, but more importantly, easing the burden of patients suffering from these debilitating diseases. With that, I would now like to open our call up for questions. Speaker 200:14:19Operator, first question please. Operator00:14:22Thank And our first question is going to come from the line of Greg Harrison with Bank of America. Your line is open. Please go ahead. Speaker 500:14:45Good morning. This is Mary Kate on for Greg. Thanks for taking our question. So as you guys prepare for your commercial transition, do you see any differences in launch strategy for PAH compared to PAH ILD? Maybe why or why not? Speaker 500:14:58And do you anticipate equal interest in both indications? Thanks. Speaker 200:15:03Good morning, Matt. Thanks for the question. So, we're fortunate to have Scott Loomar, our Chief Commercial Officer on the phone. Scott, maybe if you would like to opine on that? Speaker 300:15:12Yes. So there's a little bit Speaker 600:15:14of difference in strategy. 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 prostacyclins 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 neutropia because it is so convenient and because of titration of dose. And so in that space, we'll be targeting the big centers, the physicians that use prostacyclins already. Speaker 600:15:48We'll get some new physicians probably, but we'll focus on the targets that do use prostacyclins. In PHILD, 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 PHILD 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 Eutrepia. Speaker 600:16:21And if they would be willing to use Eutrepia, 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 2 markets. Speaker 500:16:38Great. Thank you. Speaker 200:16:40And maybe I'll just add a few comments. So I think in the it's kind of what I said in my opening statement, Mary Kate, that in PAH, we would like to be the 1st in choice for othtacycline. And the reason I think we can do that is because really with UTRAPEA and its ability to titrate to doses that are on order of 3 fold more than what was originally possible with Tyvaso, We've changed the therapeutic index of that molecule, and that's all enabled by our PRINT technology. Why that's important is now we can deliver the drug for PAH patients to the site of action through the lung and avoid the significant off target effects, which are really hampering for the oral therapies in particular. So when did you look at the OBTRAVI, it starts at a 200 microgram dose and it's titratable up to a ceiling of 1600 micrograms, but it has a ceiling. Speaker 200:17:33And that maintenance dose is determined by tolerability. It's indicated to delay disease progression and risk of hospital and decrease the risk of hospitalization. But its improvement on 6 minute walk distance is modest, only 12 meters and I believe that was not significant. The consequence of that therapy is 42% of those patients have diarrhea, 33% have nausea, 18% have vomiting, so significant off target effects. And Orenitram is a very similar story. Speaker 200:18:05It's a used TID, it's titrated to effect, it's indicated to delay disease progression and improved 6 minute walk distance. But in the largest study of that therapy in 6 90 patients, 69% of those patients had diarrhea, 40% had nausea and 36% had vomiting, which clearly limits dosing. So and in fact, Euther has said lately that because it's so difficult to titrate, they are actually promoting titration via the parenteral route and then transition to oral. So you can see this is burdensome and onerous. What Eutropia will then do is negate completely these off target effects to the GI tract and allow those titration. Speaker 200:18:47So again, we're going to look at the oral prostacyclin market as a significant market where we can gain share, and we'll do that sort of tactically after we position ourselves as the best in class in healthy prostacyclin as Scott mentioned for both PAH and PHILD. Operator, next question please. Operator00:19:09One moment for our next question. And our next question is going to come from the line of Julian Harrison with BTIG. Your line is open. Please go ahead. Speaker 700:19:24Hi, good morning. Thank you for taking my question. Just to be clear based on some of your prepared remarks, if you are forced to seek approval in PHILD via supplement instead of the current arrangement, your view is that filing a supplement with 3/27 patent now in the orange book should not trigger an automatic stay. Am I understanding that correctly? Speaker 200:19:46Yes. Thanks for the question, Julien. Good morning. I asked Rafi to answer that, please. Speaker 300:19:50Yes. So let me clarify maybe a couple of things. So first, I think our view is that the amendment being rejected and us having to file this by supplement is sort of the worst case scenario. We think what the FDA did was absolutely right accepting our amendment. So we don't think this will even come into play. Speaker 300:20:09But if we were required to come into a supplement, then that's exactly right. So if you look at the statute, and again, it's 21 U. S. C. 355(3) C. Speaker 300:20:19What it specifically defines, those patents that can get rise to a 30 month stay. And critically, it says only those patents and I'll quote it before the date on which the application and then in parentheses excluding an amendment or supplement to the application was submitted. So again, supplements are treated the exact same way as amendments for purposes of determining which patents can give rise to a 30 month stay. And so even if we were required to file a supplement, the result would be no new 30 month stay. Speaker 800:20:49Very helpful. Thank you. Speaker 200:20:52Thank you, gentlemen. Operator, next question please. Operator00:20:55One moment. And our next question is going to come from the line of Serge Belanger with Needham. Your line is open. Please go ahead. Speaker 900:21:06Hi, good morning. Thanks for taking my question. I guess the first one and apologies if I missed this in the prepared remarks, but has there been any additional interactions with the agency post the late January PDUFA date for the PHILD approval? Have they asked for additional info or they're giving you any additional information regarding their internal process for that potential approval? And then secondly, I guess for Rusty, maybe just talk about the Supreme Court decision to deny the Liquidia petition late last month and just what it means to the overall legal proceedings? Speaker 900:21:53Thanks. Speaker 200:21:55Thanks, Serge. Good morning. I'll break this into 2 parts. So Rajeev oversees our regulatory group. So he can answer the first question regarding interactions with FDA and then Rusty, if you'll answer the Supreme Court question. Speaker 200:22:08Rajeev? Speaker 700:22:10Yes. Thanks, Roger. Hi, Serge. Good morning. So in regards to, our we continue to believe very strongly as Rusty already alluded to that the amendment we filed to add on the indication for KHLT remains appropriate and in line with our discussions with the FDA. Speaker 700:22:31As you know, the OLE stopping gap was really the clinical exclusivity, which if we had received previous approval that will lead to a tentative approval. Now we anticipate that date is shortly arriving on May 31 when the clinical exclusivity ends. And therefore, the entire package right now will lead to now a full approval for both indications for PAH and PHLD, and we remain confident in that matter. I'll turn it over to Rusty to answer your second question. Speaker 300:23:05Suresh, thanks for the question. So the Supreme Court case really has no bearing. So as a reminder, that case was our attempt to overturn the original Hatch Waxman decision on the 793 patent and raise some arguments that we think overlooked by the lower courts that there shouldn't have been a finding of infringement at all. Supreme Court didn't take up that appeal, but again, it all relates to the 793 patent, which separately has been invalidated at this point and now affirms really twice by the Federal Circuit. So with that decision from the Federal Circuit, the decision of Supreme Court really doesn't bear on sort of how this is going to play out at all. Speaker 900:23:49Okay. Thank you. Speaker 200:23:50Yes. And maybe Serge, I'll just add a little bit to Rajiv. So I think the one communications we've had, obviously, we missed the January 24 PDUFA action day. And the reason for that has been communicated is that the FDA is awaiting for the injunction to be removed. So, as Rusty said, there's 2 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. Speaker 200:24:20So as Rajiv 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 PHLD. So, it's our expectation now that we'll skip the tentative approval phase and probably just go to a full approval after the March 31 clinical exclusivity expiration. Operator, next question please. Operator00:24:43One moment. And our next Mr. Kaplan, your phone could be on mute. Speaker 1000:25:05Thank you. Good morning. And Roger, just to follow-up on that question. In terms of and thank you, Rusty, for the detailed play by play in terms of the moving parts here in the litigation. But in terms of the critical path and Judge Andrew's lifting of the injunction, can you give us some more detail in terms of the moving parts there and how that portion of it will work? Speaker 1000:25:33Obviously, the regulatory exclusivity expiration is just a date on the calendar, so that's easy. Speaker 200:25:42Yes, Rusty can fill in here. But again, we feel Judge Andrews actually has all he needs now, Matt, to remove the injunction. The December 20 affirmation by the Federal Circuit Court of Appeals should have given them the power to remove it. And again, I think he was just waiting to see the rehearing request denied and then the mandate to issue, which will happen next week. I think next Tuesday is when it should issue. Speaker 200:26:11So at that point, he will be fully empowered to do what he needs to do. Whether or not I think, Rusty, you can comment on how you see the pending PI, how that interplay may impact this? Speaker 300:26:26Yes. So Roger, on the existing injunction, what you laid out is exactly correct. Again, it's been fully briefed in front of Judge Andrews so that he has what he needs. We also yesterday supplemented what we had submitted to him to provide him the denial to rehearing request that was issued by the Federal Circuit. So again, he has all the information in front of him. Speaker 300:26:48Obviously, they have the new case, the 3/27 patent case where they've also requested preliminary injunction. Those cases really don't relate to one another. They're both in front of the same judge and obviously the patent system is similar, but procedurally, the injunction that currently exists isn't tied to their request for a new injunction on the new patent. So I don't think there's any interdependency there between the two actions. Speaker 200:27:17And then that's why we're not giving a specific day when we think the approval action will happen. But again, other than it will be after March 31 when the exclusivity expires. Speaker 1000:27:28Right, right. Okay, great. And then shift gears a little bit in terms of L-six zero six. Can you give us some more details in terms of the regulatory pathway there? You described going needing one additional study for approval in both PAH and PHILT. Speaker 1000:27:45Can you give us a sense in terms of the timeline of that as well? Speaker 200:27:49Yes, I'd love to. So Rajeev is also overseeing that effort. So Rajeev, if you wouldn't mind answering the question. Speaker 700:27:55Yes. Thank you, Matt, and good morning to you as well. So as you alluded to, L-six zero six is our liposomal formulation of sustained release for treprostinil that's going to be delivered twice a day with a really a smart portable nebulizer. So we're really excited about this program, as it's sort of the leading the effort to a Phase 3 program. The program is designed using a similar strategy like we have with Ecrepia. Speaker 700:28:24So this is a 505(2) pathway with the label drug being Tyvaso. In our Type C discussions with FDA that had occurred back in December of 2023, once again, we had confirmation that a single placebo efficacy study with L-six zero six would lead to approval for both indications for group 1 PIH as well as group 3 PHLD. In that regard, as you stated, we specifically have chosen the indication for PHLD to take into a global large Phase 3 study. That study is gated to initiate sometime in the near Q4 of 2024. Speaker 200:29:13Great. Thank you, Rajeev. And I think the one thing to add to that is, I guess, the other part of your question is how long will that take? I think because there's such a scarcity of treatments for PHLD, the clinical trial, particularly when we do it in European centers, for instance, has potential to enroll quite rapidly. I think the normal time course for the sample size we're contemplating would be 2 years or so, but I think maybe we can shorten that a bit. Speaker 200:29:40And there's time to get through the 6 month endpoint and then time to collect the data, submit and review. So I think just in broad brushstrokes, we're looking at it from 1st patient into an FDA decision is probably in the 3.5 to 4 year range, Matt. Next question please, operator? Operator00:30:05And one moment for our next question. Our next question is going to come from the line of Cambus Yazzie with Jefferies. Your line is open. Please go ahead. Speaker 800:30:16Good morning, team. With the filed motion for preliminary injunction with regards to 327, what would be the timelines associated with that? And then, can you remind us the FDA's perspective of NDA re amendment versus NDA for indication expansion with regards to tentatively approved drugs? Do we have any precedence there? Speaker 200:30:40Thank you. Yes. I think both of those questions are in Rusty's court, so if you wouldn't mind, Rusty? Speaker 300:30:47Sure. So on the first question for the 3/27 patent, so the there is a briefing schedule on that. United Therapeutics has filed their brief requesting in support of their request for preliminary injunction. Our response is due currently due on April 5. Their reply then would be due April 19. Speaker 300:31:07The thing I'd and then from there, the court either schedules a hearing or not and a decision. The thing I'd remind you though is that, again, the default is that if there's no preliminary injunction in place, there's nothing that blocks us from moving forward and getting approval and launching. So the burden is on United Therapeutics to get a preliminary injunction before that happens. So we'll see if they try to accelerate the proceedings or what they try to do on that front, but that's the timeline that's currently in place on that. As far as the FDA position on amendments versus supplements, again, I think if you look at the FDA existing guidances, so there's a 2,004 non binding guidance that is what United Therapeutics is pointing to, which they claim stands for the proposition that, you can never add an amendment to a pending NDA I'm sorry, never add an indication to a pending NDA. Speaker 300:32:07However, the 2016 regulations in the site is 21 CFR 314.60 subsection F expressly contemplates situations where new indications could be added to a pending NDA, including a 505(2) NDA, like ours. So again, I think clearly the FDA is contemplating that there are early circumstances where indications can be added to NDAs as evidenced by the regulations. Speaker 200:32:40And if I may add, Combi, I think the guidance that United Therapeutics is pointing towards is the bundling guidance. But that's really more specific. If you're changing route dosage form or formulation and providing new data, that should be submitted separately and it's a way to make sure that the agency gets their review fees. We've done none of that. So, it's the same route, same dosage form, same formulation and no new data. Speaker 200:33:05So we think we're well within the statute that Rusty just described. Speaker 700:33:11Great. Operator? Speaker 200:33:11Thank you Speaker 300:33:12so much. Speaker 800:33:12And then I guess one other follow-up is on the ASCEND trial. What kind of patient populations are being studied and how is enrolling and proceeding there? Speaker 200:33:22Yes, great question. Appreciate that. So Rajeev, if you wouldn't mind. Speaker 700:33:26Yes, thanks, Khambhi. So once again, the SENSE study is something that we are extremely excited about. More importantly, this is a study that's absolutely needed in the literature and has actually been desired by the KOLs across the entire region of the United States requesting that patients that have been recently diagnosed with PHIL D that are naive to any therapy are then placed onto, utrepia, which is which really will highlight 3 pillars that we have continued to suggest that are very important to the patient profile. The first thing is tolerability and titratability. These things are going to be led by our PRINC technology and therefore our formulation. Speaker 700:34:18The combination of those 2 allows us to use a very low resistance off the shelf inhaler, which has the simplicity that is needed for patients that have impairments in lung function, but can deliver the dose profiles that we believe are going to be required to not only achieve the minimum therapeutic goals of equivalency of 10 to 12 breaths, 4 times a day of inhaled treprostinil, but more importantly lead to actually more improvements in clinical outcomes and efficacy standards that are used such as walk distance and actual overall clinical outcomes. We're very encouraged right now by the current enrollment rates that we're seeing. As you know, we enrolled our first patient to the mid to end of December of 2023, and we anticipate that we'll complete enrollment up to 60 patients by the end of this year. So we look forward to sharing some snapshots of that data in future meetings that are coming up shortly. Roger? Speaker 200:35:27Thank you, Rajiv. And I think, it's a great question. I think the other thing, again, why this data is important. I think when you look at the data that's some of the data that's been published on United Therapeutics is Tabesa DTI, particularly the data out of the National Jewish Center in Colorado, you can see that there's been some difficulty with the DTI in at least their single center patient population where there was about 60% of their patients dropped off between 3 6 months whether or not they were naive to prostacyclins or transitioned previously from nebulized. And I think the other thing that's interesting to us is that there's still a retained 40% population of nebulized patients. Speaker 200:36:10I think when Euther launched a few years ago, the assumption was that they would convert that entire market quite quickly to type AO TPI. So that's not happened. But the question is why. And we think it may be for the inability to dose those patients to good clinical effect, which we're trying to solve for with Eutrevia. So, if this data bears out the way we think it will, then that will certainly augur that this is the best in class therapy and 1st in choice therapy. Speaker 200:36:38Next question please. Operator00:36:40I'm showing no further questions and I'd like to hand the conference back over to Roger Jeffs for further remarks. Speaker 200:36:47Great. Thanks operator. So with no further questions, again, we thank you for joining us today. My sincere hope is that the next time we address you on the earnings call, Liquidia will be providing to patients what we feel is the preferred product for inhaled treprostinil and it will come at a critical time as the market for inhaled treprostinil rapidly expands. Thank you and have a good day. Operator00:37:09This concludes today's conference call. Thank you for participating. You may now disconnect.Read morePowered by Conference Call Audio Live Call not available Earnings Conference CallLiquidia Q4 202300:00 / 00:00Speed:1x1.25x1.5x2x Earnings DocumentsPress Release(8-K)Annual report(10-K) Liquidia Earnings HeadlinesScotiabank Sticks to Their Buy Rating for Liquidia Technologies (LQDA)April 24 at 1:44 PM | markets.businessinsider.comLiquidia Corp files patent infringement suit against United TherapeuticsApril 24 at 2:18 AM | uk.investing.comThe Most Important “AI Stock” You’ve Never Heard OfThe AI revolution is accelerating — but there’s one company at its core that almost no one is talking about. It’s not Nvidia, Microsoft, or Google. This $20 stock provides the essential foundation that powers AI. Without it, the entire industry would stall. Wall Street hasn’t caught on yet, but when it does, this could be the retirement stock of the decade.April 27, 2025 | Behind the Markets (Ad)Liquidia Co. (NASDAQ:LQDA) Receives $26.63 Consensus PT from AnalystsApril 24 at 1:29 AM | americanbankingnews.comGreat week for Liquidia Corporation (NASDAQ:LQDA) institutional investors after losing 1.5% over the previous yearApril 14, 2025 | finance.yahoo.comLiquidia Technologies (LQDA) Receives a Buy from Bank of America SecuritiesApril 8, 2025 | markets.businessinsider.comSee More Liquidia Headlines Get Earnings Announcements in your inboxWant to stay updated on the latest earnings announcements and upcoming reports for companies like Liquidia? Sign up for Earnings360's daily newsletter to receive timely earnings updates on Liquidia and other key companies, straight to your email. Email Address About LiquidiaLiquidia (NASDAQ:LQDA), a biopharmaceutical company, develops, manufactures, and commercializes various products for unmet patient needs in the United States. Its lead product candidates include YUTREPIA, an inhaled dry powder formulation of treprostinil for the treatment of pulmonary arterial hypertension (PAH) and pulmonary hypertension associated with interstitial lung disease (PH-ILD). The company also offers Remodulin, a treprostinil administered through continuous intravenous and subcutaneous infusion. The company also a license agreement with Pharmosa Biopharm Inc to develop and commercialize L606, an inhaled sustained-release formulation of Treprostinil for the treatment of PAH and PH-ILD. 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There are 11 speakers on the call. Operator00:00:00Good morning, and welcome everyone to the Liquidia Corporation Full Year 2023 Financial Results and Corporate Update Conference Call. My name is Michelle, and I will be your conference operator today. Currently, all participants are in a listen only mode. Following the presentation, we will conduct a question and answer session. The instructions will be provided at the time for you to queue up for a question. Operator00:00:22I would like to remind everyone that this conference is being recorded. I would now like to hand the conference over to Jason Adair, Chief Business Officer. Speaker 100:00:32Thank you, Michelle. It's my pleasure to welcome everyone to Liquidia's full year 20 23 financial results and corporate update call. Joining the call today are Chief Executive Officer, Doctor. Roger Jeffs Chief Operating Officer and CFO, Michael Cassetta Chief Commercial Officer, Scott Moomaw Chief Medical Officer, Doctor. Rajeev Sagar and General Counsel, Rusty Schindler. Speaker 100:00:54Before we begin, please note that today's conference call will contain forward looking statements, including no statements regarding future results, unaudited and forward looking financial information as well as the company's future performance and or achievements. These statements are subject to known and unknown risks and uncertainties, which may cause our actual results or performance to be materially different from any future results or performance expressed or implied on this call. For additional information, including a detailed discussion of our risk factors, please refer to the company's documents filed with the Securities and Exchange Commission, which can be accessed on our website. I would now like to turn the call over to Roger for our prepared remarks, after which he'll open up the call for your questions. Roger? Speaker 200:01:41Thank you, Jason. Good morning, everyone, and thank you for joining us today. While today's call is intended to review the company's accomplishments in the last year, we know that physicians, patients and our investors are solely focused on one thing, the potential FDA approval in the coming weeks of UTREVIA, our novel dry powder formulation of treprostinib. I will ask Rusty to address the legal and regulatory path to approval in more detail shortly. But to put it simply, with the recent decisions by the Federal Circuit affirming the invalidity of the sole patent that is blocking our approval, the FDA should be able to grant approval for eUTREVIA after March 31 when regulatory exclusivity to treat PHILD with Tyvaso expires. Speaker 200:02:22A precise final approval date is hard to forecast, but we view the remaining steps as largely procedural. Final FDA approval has always been the goal and we have never been closer or better prepared than today. 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 a potential launch in both PAH and PH ILD. Speaker 200:02:55Our R and D team continues to build clinical knowledge by studying new TREVIA in PH ILD patients in the open label ASCEND trial. And our finance team has positioned the company with the resources and discipline required to execute a successful launch. We entered 2024 at a full sprint due to the resolve and execution of our team in 2023. Last year, everything grew in the right direction. Our confidence grew with legal wins. Speaker 200:03:25Our balance sheet grew with key transactions by marquee investors and insiders and our pipeline grew with the in license of L-six zero six, the most clinically advanced next generation sustained release inhaled treprostinil program. Given the proximity of a potential launch, I'd like to spend a little time framing the potential market opportunity for Utrevia as we see it, both in PHILD and PAH. With regard to PHILD, our current best in treating patients. However, these estimates likely undervalue the total addressable population since those calculations rely on historical publications before the field had effective tools to treat the disease and therefore reasons to diagnose the disease. With inhaled treprostinil as the only approved mechanism to treat BHL D, the market penetration is still in its infancy. Speaker 200:04:17We believe there is significant growth in this market. Total inhaled treprostinil revenues currently sit at about a $1,300,000,000 annual run rate in the U. S. Alone. With regard to PAH, we also believe that UTREPA has potential for significant uptake. Speaker 200:04:34We view Eutrepia as having the potential to not only be the best in class inhaled treprostinil given its dosing flexibility and ease of use, but also the 1st in choice process cycle. Specifically, patients who previously considered the oral prostacyclins as their starting choice can now avoid the significant and limiting off target GI toxicities associated with these drugs while still achieving therapeutic doses. Thus, combining current sales of oral prostacyclin of approximately $1,600,000,000 in PAH with the recently reported sales from inhaledeprostatol of 1,300,000,000 dollars the market opportunity for UTRAPEA could be approaching $3,000,000,000 and growing incrementally as the PHILD patients still remain largely untreated. With its unique and differentiated approach, it's a significant barrier potential for UTREPA to capture value in both of these markets. At this time, I would like to ask Rusty to summarize the next steps towards final Speaker 300:05:35Thank you, Roger. I'd like to group the recent litigation and regulatory activity into 2 buckets. First, those items on the critical path to Eutrepia's approval. 2nd, the recent attempts by United Therapeutics to assert new legal theories to block approval of Eutrepia. 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 Eutrepia are nearing an end. Speaker 300:06:03In the first bucket I mentioned, as we have publicly stated previously, there are only 2 items on the critical path for Eutrepia to be launched. First, Judge Andrews must lift the injunction he ordered in August 2022 based on his 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 a rehearing. And second, the regulatory exclusivity granted to Tyvaso for the PHLD 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 utrepia for both the PAH and PHIL indications. We will not speculate on a specific date when Judge Andrews will render his decision, but the matter has been fully briefed and could be decided at any time. Speaker 300:06:54In the 2nd bucket, over the last several weeks, United Therapeutics has sought to add new impediments to FDA approval in our launch of Eutrepia 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 in those actions. We believe that this burden will be a challenge for them to meet based on the laws and the facts at issue. The first request for preliminary injunction is directed to the 2nd Hatch Waxman suit alleging infringement of the 3/27 patent in the treatment of PHLD. Issued after the Utreptia NDA was submitted and after Liquidia amended its NDA to add PHILBs to the label for UTREPA, the 3/27 patent covers the treatment of PHILB patients with Tyvaso in accordance with the dosing regimen in the Tyvaso label. Speaker 300:07:48As we have noted previously, there is considerable prior art that teaches the treatment of PHLD patients with Cyvaso, including the 793 patent and multiple peer reviewed publications in the decade prior to the priority date for the 3/27 patent that described positive results from treating PHIL patients with Tyvaso. Courts have generally refrained from issuing preliminary 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 3/27 patent exist. 2nd request for preliminary injunction is directed 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 eutrepia to add the PHLB indication. Speaker 300:08:44We have intervened in the case and are now a 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 is improper is based primarily on a non binding 2004 FDA guidance document, ignoring subsequent FDA regulations adopted in 2016 that expressly contemplate the possibility of adding new indications to 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 PHILV indication. Speaker 300:09:37The exact same process used by United Therapeutics to add PHILV to the label for Tyvaso. Critically, the statute expressly states that amendments and supplements are treated 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 18th and a hearing will be held on March 29th. We look forward to this matter being addressed in short order. In summary, Liquidia sees the path to launching new Trepi in 2 straightforward actions, removal of the injunction and approval of the products. Speaker 300:10:20The rest is a last ditch attempt by a competitor to make any and every argument they can to maintain their monopoly and deny patients the access to a meaningful treatment option. We have long anticipated the possibility that United Therapeutics can engage in such a flurry of activity as we need near clearance of the original Hatch Waxman litigation and we are prepared to meet them head on. With that, I will pass to Mike for a review of last year's financials. Speaker 400:10:46Thank you, Rusty, and good morning, everyone. Company has never been in a stronger financial position than it is now, heading towards its 1st project 1st major product launch. The financial discipline we've shown to date has not only allowed us to fully engage in defending against the litigation campaign that has been directed against us, but as demonstrated to the savvy investors that we can meet and exceed expectations as we look to build value in the company without overspending or incurring significant dilution. Turning to our full 2023 financial results, which can be found in the press release, you will see that revenue was $17,500,000 for the year in 2023 compared with $15,900,000 in 2022, tied to our promotion agreement with Sandoz to commercialize turbopstinil injection. The increase of $1,600,000 was primarily due to favorable gross to net chargeback rebate and managed care adjustments offset by the impact of lower sales quantities as compared to the prior year. Speaker 400:11:45Cost of revenue was roughly the same for 20232022 at $2,900,000 Cost of revenue relates to the promotion agreement. Research and development expenses were $43,200,000 in 2023 compared with $19,400,000 in 2022. The increase of $23,800,000 or 122 percent was primarily due to the $10,000,000 upfront license fee payment to Formosa for the exclusive license to develop and commercialize L-six zero six for North America, plus an additional $2,600,000 in support of that program. Expenses related to our Eutrepia program increased to $13,000,000 from $6,700,000 the prior the year prior, primarily due to increased manufacturing of pre launch commercial supply and the start up of our Ascent study. Personnel and consulting expenses, including stock based compensation expense, also increased $5,100,000 primarily due to increased headcount to support the potential commercialization of utrepia. Speaker 400:12:49General and administrative expenses were $44,700,000 in 20.23 compared with $32,400,000 in 20.22. The increase of $12,300,000 or 38 percent was primarily due to a $9,800,000 increase in personnel and consulting expenses, including stock based compensation, partially driven by the expansion of our field force and also a $1,400,000 increase in commercial expenses in preparation for the commercial potential commercialization of Utrevia. In summary, we incurred a net loss in 2023 of $78,500,000 as compared to a net loss of $41,000,000 in 2022. We ended the year with $83,700,000 cash on hand and then quickly added another $100,000,000 in the 1st week of January with a private placement of equity to a single investor and a third advance from healthcare royalty under our agreement from January 2023. In summary, we are well positioned to achieve our corporate objectives in 2024. Speaker 400:13:53I would now like to turn the call back over to Roger. Speaker 200:13:57Thank you, Mike. 2024 is shaping up to be the transformational year at Liquidia. We are poised in the starting blocks and as you and Rusty have both described have fought earnestly to get where we are today. We look forward to proving ourselves in the market, but more importantly, easing the burden of patients suffering from these debilitating diseases. With that, I would now like to open our call up for questions. Speaker 200:14:19Operator, first question please. Operator00:14:22Thank And our first question is going to come from the line of Greg Harrison with Bank of America. Your line is open. Please go ahead. Speaker 500:14:45Good morning. This is Mary Kate on for Greg. Thanks for taking our question. So as you guys prepare for your commercial transition, do you see any differences in launch strategy for PAH compared to PAH ILD? Maybe why or why not? Speaker 500:14:58And do you anticipate equal interest in both indications? Thanks. Speaker 200:15:03Good morning, Matt. Thanks for the question. So, we're fortunate to have Scott Loomar, our Chief Commercial Officer on the phone. Scott, maybe if you would like to opine on that? Speaker 300:15:12Yes. So there's a little bit Speaker 600:15:14of difference in strategy. 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 prostacyclins 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 neutropia because it is so convenient and because of titration of dose. And so in that space, we'll be targeting the big centers, the physicians that use prostacyclins already. Speaker 600:15:48We'll get some new physicians probably, but we'll focus on the targets that do use prostacyclins. In PHILD, 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 PHILD 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 Eutrepia. Speaker 600:16:21And if they would be willing to use Eutrepia, 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 2 markets. Speaker 500:16:38Great. Thank you. Speaker 200:16:40And maybe I'll just add a few comments. So I think in the it's kind of what I said in my opening statement, Mary Kate, that in PAH, we would like to be the 1st in choice for othtacycline. And the reason I think we can do that is because really with UTRAPEA and its ability to titrate to doses that are on order of 3 fold more than what was originally possible with Tyvaso, We've changed the therapeutic index of that molecule, and that's all enabled by our PRINT technology. Why that's important is now we can deliver the drug for PAH patients to the site of action through the lung and avoid the significant off target effects, which are really hampering for the oral therapies in particular. So when did you look at the OBTRAVI, it starts at a 200 microgram dose and it's titratable up to a ceiling of 1600 micrograms, but it has a ceiling. Speaker 200:17:33And that maintenance dose is determined by tolerability. It's indicated to delay disease progression and risk of hospital and decrease the risk of hospitalization. But its improvement on 6 minute walk distance is modest, only 12 meters and I believe that was not significant. The consequence of that therapy is 42% of those patients have diarrhea, 33% have nausea, 18% have vomiting, so significant off target effects. And Orenitram is a very similar story. Speaker 200:18:05It's a used TID, it's titrated to effect, it's indicated to delay disease progression and improved 6 minute walk distance. But in the largest study of that therapy in 6 90 patients, 69% of those patients had diarrhea, 40% had nausea and 36% had vomiting, which clearly limits dosing. So and in fact, Euther has said lately that because it's so difficult to titrate, they are actually promoting titration via the parenteral route and then transition to oral. So you can see this is burdensome and onerous. What Eutropia will then do is negate completely these off target effects to the GI tract and allow those titration. Speaker 200:18:47So again, we're going to look at the oral prostacyclin market as a significant market where we can gain share, and we'll do that sort of tactically after we position ourselves as the best in class in healthy prostacyclin as Scott mentioned for both PAH and PHILD. Operator, next question please. Operator00:19:09One moment for our next question. And our next question is going to come from the line of Julian Harrison with BTIG. Your line is open. Please go ahead. Speaker 700:19:24Hi, good morning. Thank you for taking my question. Just to be clear based on some of your prepared remarks, if you are forced to seek approval in PHILD via supplement instead of the current arrangement, your view is that filing a supplement with 3/27 patent now in the orange book should not trigger an automatic stay. Am I understanding that correctly? Speaker 200:19:46Yes. Thanks for the question, Julien. Good morning. I asked Rafi to answer that, please. Speaker 300:19:50Yes. So let me clarify maybe a couple of things. So first, I think our view is that the amendment being rejected and us having to file this by supplement is sort of the worst case scenario. We think what the FDA did was absolutely right accepting our amendment. So we don't think this will even come into play. Speaker 300:20:09But if we were required to come into a supplement, then that's exactly right. So if you look at the statute, and again, it's 21 U. S. C. 355(3) C. Speaker 300:20:19What it specifically defines, those patents that can get rise to a 30 month stay. And critically, it says only those patents and I'll quote it before the date on which the application and then in parentheses excluding an amendment or supplement to the application was submitted. So again, supplements are treated the exact same way as amendments for purposes of determining which patents can give rise to a 30 month stay. And so even if we were required to file a supplement, the result would be no new 30 month stay. Speaker 800:20:49Very helpful. Thank you. Speaker 200:20:52Thank you, gentlemen. Operator, next question please. Operator00:20:55One moment. And our next question is going to come from the line of Serge Belanger with Needham. Your line is open. Please go ahead. Speaker 900:21:06Hi, good morning. Thanks for taking my question. I guess the first one and apologies if I missed this in the prepared remarks, but has there been any additional interactions with the agency post the late January PDUFA date for the PHILD approval? Have they asked for additional info or they're giving you any additional information regarding their internal process for that potential approval? And then secondly, I guess for Rusty, maybe just talk about the Supreme Court decision to deny the Liquidia petition late last month and just what it means to the overall legal proceedings? Speaker 900:21:53Thanks. Speaker 200:21:55Thanks, Serge. Good morning. I'll break this into 2 parts. So Rajeev oversees our regulatory group. So he can answer the first question regarding interactions with FDA and then Rusty, if you'll answer the Supreme Court question. Speaker 200:22:08Rajeev? Speaker 700:22:10Yes. Thanks, Roger. Hi, Serge. Good morning. So in regards to, our we continue to believe very strongly as Rusty already alluded to that the amendment we filed to add on the indication for KHLT remains appropriate and in line with our discussions with the FDA. Speaker 700:22:31As you know, the OLE stopping gap was really the clinical exclusivity, which if we had received previous approval that will lead to a tentative approval. Now we anticipate that date is shortly arriving on May 31 when the clinical exclusivity ends. And therefore, the entire package right now will lead to now a full approval for both indications for PAH and PHLD, and we remain confident in that matter. I'll turn it over to Rusty to answer your second question. Speaker 300:23:05Suresh, thanks for the question. So the Supreme Court case really has no bearing. So as a reminder, that case was our attempt to overturn the original Hatch Waxman decision on the 793 patent and raise some arguments that we think overlooked by the lower courts that there shouldn't have been a finding of infringement at all. Supreme Court didn't take up that appeal, but again, it all relates to the 793 patent, which separately has been invalidated at this point and now affirms really twice by the Federal Circuit. So with that decision from the Federal Circuit, the decision of Supreme Court really doesn't bear on sort of how this is going to play out at all. Speaker 900:23:49Okay. Thank you. Speaker 200:23:50Yes. And maybe Serge, I'll just add a little bit to Rajiv. So I think the one communications we've had, obviously, we missed the January 24 PDUFA action day. And the reason for that has been communicated is that the FDA is awaiting for the injunction to be removed. So, as Rusty said, there's 2 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. Speaker 200:24:20So as Rajiv 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 PHLD. So, it's our expectation now that we'll skip the tentative approval phase and probably just go to a full approval after the March 31 clinical exclusivity expiration. Operator, next question please. Operator00:24:43One moment. And our next Mr. Kaplan, your phone could be on mute. Speaker 1000:25:05Thank you. Good morning. And Roger, just to follow-up on that question. In terms of and thank you, Rusty, for the detailed play by play in terms of the moving parts here in the litigation. But in terms of the critical path and Judge Andrew's lifting of the injunction, can you give us some more detail in terms of the moving parts there and how that portion of it will work? Speaker 1000:25:33Obviously, the regulatory exclusivity expiration is just a date on the calendar, so that's easy. Speaker 200:25:42Yes, Rusty can fill in here. But again, we feel Judge Andrews actually has all he needs now, Matt, to remove the injunction. The December 20 affirmation by the Federal Circuit Court of Appeals should have given them the power to remove it. And again, I think he was just waiting to see the rehearing request denied and then the mandate to issue, which will happen next week. I think next Tuesday is when it should issue. Speaker 200:26:11So at that point, he will be fully empowered to do what he needs to do. Whether or not I think, Rusty, you can comment on how you see the pending PI, how that interplay may impact this? Speaker 300:26:26Yes. So Roger, on the existing injunction, what you laid out is exactly correct. Again, it's been fully briefed in front of Judge Andrews so that he has what he needs. We also yesterday supplemented what we had submitted to him to provide him the denial to rehearing request that was issued by the Federal Circuit. So again, he has all the information in front of him. Speaker 300:26:48Obviously, they have the new case, the 3/27 patent case where they've also requested preliminary injunction. Those cases really don't relate to one another. They're both in front of the same judge and obviously the patent system is similar, but procedurally, the injunction that currently exists isn't tied to their request for a new injunction on the new patent. So I don't think there's any interdependency there between the two actions. Speaker 200:27:17And then that's why we're not giving a specific day when we think the approval action will happen. But again, other than it will be after March 31 when the exclusivity expires. Speaker 1000:27:28Right, right. Okay, great. And then shift gears a little bit in terms of L-six zero six. Can you give us some more details in terms of the regulatory pathway there? You described going needing one additional study for approval in both PAH and PHILT. Speaker 1000:27:45Can you give us a sense in terms of the timeline of that as well? Speaker 200:27:49Yes, I'd love to. So Rajeev is also overseeing that effort. So Rajeev, if you wouldn't mind answering the question. Speaker 700:27:55Yes. Thank you, Matt, and good morning to you as well. So as you alluded to, L-six zero six is our liposomal formulation of sustained release for treprostinil that's going to be delivered twice a day with a really a smart portable nebulizer. So we're really excited about this program, as it's sort of the leading the effort to a Phase 3 program. The program is designed using a similar strategy like we have with Ecrepia. Speaker 700:28:24So this is a 505(2) pathway with the label drug being Tyvaso. In our Type C discussions with FDA that had occurred back in December of 2023, once again, we had confirmation that a single placebo efficacy study with L-six zero six would lead to approval for both indications for group 1 PIH as well as group 3 PHLD. In that regard, as you stated, we specifically have chosen the indication for PHLD to take into a global large Phase 3 study. That study is gated to initiate sometime in the near Q4 of 2024. Speaker 200:29:13Great. Thank you, Rajeev. And I think the one thing to add to that is, I guess, the other part of your question is how long will that take? I think because there's such a scarcity of treatments for PHLD, the clinical trial, particularly when we do it in European centers, for instance, has potential to enroll quite rapidly. I think the normal time course for the sample size we're contemplating would be 2 years or so, but I think maybe we can shorten that a bit. Speaker 200:29:40And there's time to get through the 6 month endpoint and then time to collect the data, submit and review. So I think just in broad brushstrokes, we're looking at it from 1st patient into an FDA decision is probably in the 3.5 to 4 year range, Matt. Next question please, operator? Operator00:30:05And one moment for our next question. Our next question is going to come from the line of Cambus Yazzie with Jefferies. Your line is open. Please go ahead. Speaker 800:30:16Good morning, team. With the filed motion for preliminary injunction with regards to 327, what would be the timelines associated with that? And then, can you remind us the FDA's perspective of NDA re amendment versus NDA for indication expansion with regards to tentatively approved drugs? Do we have any precedence there? Speaker 200:30:40Thank you. Yes. I think both of those questions are in Rusty's court, so if you wouldn't mind, Rusty? Speaker 300:30:47Sure. So on the first question for the 3/27 patent, so the there is a briefing schedule on that. United Therapeutics has filed their brief requesting in support of their request for preliminary injunction. Our response is due currently due on April 5. Their reply then would be due April 19. Speaker 300:31:07The thing I'd and then from there, the court either schedules a hearing or not and a decision. The thing I'd remind you though is that, again, the default is that if there's no preliminary injunction in place, there's nothing that blocks us from moving forward and getting approval and launching. So the burden is on United Therapeutics to get a preliminary injunction before that happens. So we'll see if they try to accelerate the proceedings or what they try to do on that front, but that's the timeline that's currently in place on that. As far as the FDA position on amendments versus supplements, again, I think if you look at the FDA existing guidances, so there's a 2,004 non binding guidance that is what United Therapeutics is pointing to, which they claim stands for the proposition that, you can never add an amendment to a pending NDA I'm sorry, never add an indication to a pending NDA. Speaker 300:32:07However, the 2016 regulations in the site is 21 CFR 314.60 subsection F expressly contemplates situations where new indications could be added to a pending NDA, including a 505(2) NDA, like ours. So again, I think clearly the FDA is contemplating that there are early circumstances where indications can be added to NDAs as evidenced by the regulations. Speaker 200:32:40And if I may add, Combi, I think the guidance that United Therapeutics is pointing towards is the bundling guidance. But that's really more specific. If you're changing route dosage form or formulation and providing new data, that should be submitted separately and it's a way to make sure that the agency gets their review fees. We've done none of that. So, it's the same route, same dosage form, same formulation and no new data. Speaker 200:33:05So we think we're well within the statute that Rusty just described. Speaker 700:33:11Great. Operator? Speaker 200:33:11Thank you Speaker 300:33:12so much. Speaker 800:33:12And then I guess one other follow-up is on the ASCEND trial. What kind of patient populations are being studied and how is enrolling and proceeding there? Speaker 200:33:22Yes, great question. Appreciate that. So Rajeev, if you wouldn't mind. Speaker 700:33:26Yes, thanks, Khambhi. So once again, the SENSE study is something that we are extremely excited about. More importantly, this is a study that's absolutely needed in the literature and has actually been desired by the KOLs across the entire region of the United States requesting that patients that have been recently diagnosed with PHIL D that are naive to any therapy are then placed onto, utrepia, which is which really will highlight 3 pillars that we have continued to suggest that are very important to the patient profile. The first thing is tolerability and titratability. These things are going to be led by our PRINC technology and therefore our formulation. Speaker 700:34:18The combination of those 2 allows us to use a very low resistance off the shelf inhaler, which has the simplicity that is needed for patients that have impairments in lung function, but can deliver the dose profiles that we believe are going to be required to not only achieve the minimum therapeutic goals of equivalency of 10 to 12 breaths, 4 times a day of inhaled treprostinil, but more importantly lead to actually more improvements in clinical outcomes and efficacy standards that are used such as walk distance and actual overall clinical outcomes. We're very encouraged right now by the current enrollment rates that we're seeing. As you know, we enrolled our first patient to the mid to end of December of 2023, and we anticipate that we'll complete enrollment up to 60 patients by the end of this year. So we look forward to sharing some snapshots of that data in future meetings that are coming up shortly. Roger? Speaker 200:35:27Thank you, Rajiv. And I think, it's a great question. I think the other thing, again, why this data is important. I think when you look at the data that's some of the data that's been published on United Therapeutics is Tabesa DTI, particularly the data out of the National Jewish Center in Colorado, you can see that there's been some difficulty with the DTI in at least their single center patient population where there was about 60% of their patients dropped off between 3 6 months whether or not they were naive to prostacyclins or transitioned previously from nebulized. And I think the other thing that's interesting to us is that there's still a retained 40% population of nebulized patients. Speaker 200:36:10I think when Euther launched a few years ago, the assumption was that they would convert that entire market quite quickly to type AO TPI. So that's not happened. But the question is why. And we think it may be for the inability to dose those patients to good clinical effect, which we're trying to solve for with Eutrevia. So, if this data bears out the way we think it will, then that will certainly augur that this is the best in class therapy and 1st in choice therapy. Speaker 200:36:38Next question please. Operator00:36:40I'm showing no further questions and I'd like to hand the conference back over to Roger Jeffs for further remarks. Speaker 200:36:47Great. Thanks operator. So with no further questions, again, we thank you for joining us today. My sincere hope is that the next time we address you on the earnings call, Liquidia will be providing to patients what we feel is the preferred product for inhaled treprostinil and it will come at a critical time as the market for inhaled treprostinil rapidly expands. Thank you and have a good day. Operator00:37:09This concludes today's conference call. Thank you for participating. You may now disconnect.Read morePowered by