gene therapy

On January 5, 2024, a Delaware federal court issued a ruling in favor of Sarepta Therapeutics in a patent lawsuit against Regenxbio and the University of Pennsylvania. The case involved a dispute over the patent for a Duchenne muscular dystrophy (DMD) treatment. Sarepta’s gene therapy product, Elevidys, approved by the FDA for DMD, was at the center of this legal battle.

U.S. District Judge Richard Andrews ruled that the patent claimed by Regenxbio, which was based on naturally occurring DNA sequences, was invalid. This decision has implications for the biotech industry, particularly in the field of gene therapy and patent law. While Regenxbio expressed disappointment and plans to appeal, Sarepta welcomed the decision.

The case, Regenxbio Inc v. Sarepta Therapeutics Inc, reflects the intricate dynamics of patent rights, medical innovation, and commercial interests in the healthcare sector. It highlights the challenges and complexities involved in developing and protecting new medical treatments.

1. Regenxbio Inc v. Sarepta Therapeutics Inc, U.S. District Court for the District of Delaware, No. 1:20-cv-01226

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