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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities
Exchange Act of 1934
Date of Report (Date of earliest event reported): August 19, 2024
LIQUIDIA CORPORATION |
(Exact name of registrant as specified in its charter) |
|
|
|
Delaware |
001-39724 |
85-1710962 |
(State or other jurisdiction
of incorporation) |
(Commission
File Number) |
(IRS Employer
Identification No.) |
|
|
|
419 Davis Drive, Suite 100, Morrisville, North Carolina |
27560 |
(Address of principal executive offices) |
(Zip Code) |
Registrant’s telephone number, including
area code: (919) 328-4400
(Former name or former address, if changed since last report.) |
Check the appropriate box below if the Form 8-K filing is intended
to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction
A.2. below):
¨ Written
communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨ Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨ Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
¨ Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Securities registered pursuant to Section 12(b) of the Act:
Title of each class |
Trading Symbol(s) |
Name of each exchange on which registered |
Common stock |
LQDA |
The Nasdaq Stock Market LLC |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act
of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging
growth company ¨
If
an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying
with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨
Item 8.01 Other Events.
On
August 19, 2024, the Company issued a press release announcing that the U.S. Food and Drug Administration (i) granted
tentative approval of YUTREPIA (treprostinil) inhalation powder for patients with pulmonary arterial hypertension
(“PAH”) and pulmonary hypertension associated with interstitial lung disease (“PH-ILD”), and
(ii) simultaneously determined that Tyvaso DPI, approved on May 23, 2022, qualifies for a three-year new dosage form
exclusivity for the chronic use of dry powder formulations of treprostinil for the approved indications. As a result, final
approval of YUTREPIA for PAH and PH-ILD is delayed until after expiry of the three-year regulatory exclusivity for Tyvaso DPI on May 23, 2025.
A copy of the press release is filed as Exhibit 99.1
hereto and is incorporated by reference into this Item 8.01.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
SIGNATURES
Pursuant to the requirements of the
Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly
authorized.
August 19, 2024 |
Liquidia Corporation |
|
|
|
By: |
/s/ Michael Kaseta |
|
|
Name: Michael Kaseta |
|
|
Title: Chief Financial Officer and Chief Operating Officer |
Exhibit 99.1
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., August 19,2024 - 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.”
The tentative
approval of YUTREPIA is based on findings from the Phase 3 INSPIRE trial which evaluated patients who were naïve to treprostinil,
as well as those transitioning to YUTREPIA from nebulized treprostinil. YUTREPIA was shown to be safe and well-tolerated regardless of
a patient’s previous exposure to treprostinil. Results from the INSPIRE study were published in the Pulmonary Circulation
Journal in 2022 and the Vascular Pharmacology Journal in 2021. The FDA’s approval also confirms that the supporting
information related to the manufacturing, testing and supply chain of YUTREPIA meets regulatory standards for quality and safety in accordance
with Good Manufacturing Practices (GMP).
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.
About
Pulmonary Arterial Hypertension (PAH)
Pulmonary arterial hypertension (PAH) is a rare, chronic, progressive disease caused
by hardening and narrowing of the pulmonary arteries that can lead to right heart failure and eventually death. Currently, an estimated
45,000 patients are diagnosed and treated in the United States. There is currently no cure for PAH, so the goals of existing
treatments are to alleviate symptoms, maintain or improve functional class, delay disease progression, and improve quality of life.
About
Pulmonary Hypertension Associated with Interstitial Lung Disease (PH-ILD)
Pulmonary hypertension (PH) associated with interstitial
lung disease (ILD) includes a diverse collection of up to 150 different pulmonary diseases, including interstitial pulmonary fibrosis,
chronic hypersensitivity pneumonitis, connective tissue disease related ILD, and chronic pulmonary fibrosis with emphysema (CPFE) among
others. Any level of PH in ILD patients is associated with poor 3-year survival. A current estimate of PH-ILD prevalence in the
United States is greater than 60,000 patients, though population size in many of these underlying ILD diseases is not yet known
due to factors including underdiagnosis and lack of approved treatments until March 2021, when inhaled treprostinil was first
approved for this indication.
About
YUTREPIA™ (treprostinil) Inhalation Powder
YUTREPIA is an inhaled dry-powder formulation of treprostinil delivered
through a convenient, low-effort, palm-sized device. YUTREPIA was designed using Liquidia’s PRINT® technology, which enables
the development of drug particles that are precise and uniform in size, shape and composition, and that are engineered for enhanced deposition
in the lung following oral inhalation. Liquidia has completed INSPIRE, or Investigation of the Safety and Pharmacology of Dry
Powder Inhalation of Treprostinil, an open-label, multi-center phase 3 clinical study of YUTREPIA in patients diagnosed with PAH who are
naïve to inhaled treprostinil or who are transitioning from Tyvaso® (nebulized treprostinil). YUTREPIA is currently being studied
in the ASCENT trial, an Open-Label Prospective Multicenter Study to Evaluate Safety and Tolerability of Dry Powder Inhaled Treprostinil
in Pulmonary Hypertension, with the objective of informing YUTREPIA’s dosing and tolerability profile in patients with PH-ILD. YUTREPIA
was previously referred to as LIQ861 in investigational studies.
About Liquidia
Corporation
Liquidia Corporation is
a biopharmaceutical company developing innovative therapies for patients with rare cardiopulmonary disease. The company’s current
focus spans the development and commercialization of products in pulmonary hypertension and other applications of its proprietary PRINT® Technology.
PRINT enabled the creation of Liquidia’s lead candidate, YUTREPIA™ (treprostinil) inhalation powder, an investigational drug
for the treatment of pulmonary arterial hypertension (PAH) and pulmonary hypertension associated with interstitial lung disease (PH-ILD).
The company is also developing L606, an investigational sustained-release formulation of treprostinil administered twice-daily with a
next-generation nebulizer, and currently markets generic Treprostinil Injection for the treatment of PAH. To learn more about Liquidia,
please visit www.liquidia.com.
Tyvaso® is
a registered trademark of United Therapeutics Corporation.
Cautionary
Statements Regarding Forward-Looking Statements
This press release may include forward-looking statements within the meaning of the Private Securities Litigation Reform Act
of 1995. All statements contained in this press release other than statements of historical facts, including statements regarding our
future results of operations and financial position, our strategic and financial initiatives, our business strategy and plans and our
objectives for future operations, are forward-looking statements. Such forward-looking statements, including statements regarding clinical
trials, clinical studies and other clinical work (including the funding therefor, anticipated patient enrollment, safety data, study data,
trial outcomes, timing or associated costs), regulatory applications and related submission contents and timelines, including the potential
for final FDA approval of the NDA for YUTREPIA, the timeline or outcome related to patent litigation in the U.S. District Court for the
District of Delaware or inter partes review proceedings conducted at the PTAB or other litigation instituted by United Therapeutics or
others, including rehearings or appeals of decisions in any such proceedings, the issuance of patents by the USPTO and our ability to
execute on our strategic or financial initiatives, involve significant risks and uncertainties and actual results could differ materially
from those expressed or implied herein. The favorable decisions of courts or other tribunals are not determinative of the outcome of the
appeals or rehearings of the decisions. The words “anticipate,” “believe,” “continue,” “could,”
“estimate,” “expect,” “intend,” “may,” “plan,” “potential,” “predict,”
“project,” “should,” “target,” “would,” and similar expressions are intended to identify
forward-looking statements. We have based these forward-looking statements largely on our current expectations and projections about future
events and financial trends that we believe may affect our financial condition, results of operations, business strategy, short-term and
long-term business operations and objectives and financial needs. These forward-looking statements are subject to a number of risks discussed
in our filings with the SEC, as well as a number of uncertainties and assumptions. Moreover, we operate in a very competitive and rapidly
changing environment and our industry has inherent risks. New risks emerge from time to time. It is not possible for our management to
predict all risks, nor can we assess the impact of all factors on our business or the extent to which any factor, or combination of factors,
may cause actual results to differ materially from those contained in any forward-looking statements we may make. In light of these risks,
uncertainties and assumptions, the future events discussed in this press release may not occur and actual results could differ materially
and adversely from those anticipated or implied in the forward-looking statements. Nothing in this press release should be regarded as
a representation by any person that these goals will be achieved, and we undertake no duty to update our goals or to update or alter any
forward-looking statements, whether as a result of new information, future events or otherwise.
Contact Information
Investors:
Jason Adair
919.328.4350
jason.adair@liquidia.com
Media:
Patrick Wallace
919.328.4383
patrick.wallace@liquidia.com
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