Sarepta Urges Full Federal Circuit to Invalidate Gene Therapy IP

By Editorial Team

Sarepta Therapeutics Inc. is seeking a review by the full Federal Circuit to reconsider a decision that revived a gene therapy patent held by the University of Pennsylvania. The company argues that the panel's analysis of patent eligibility was flawed.

Sarepta's move comes after a recent ruling that favored the University of Pennsylvania's gene therapy patent, which Sarepta believes is incorrect. The patent in question is related to a method of detecting and identifying adeno-associated virus (AAV) sequences and isolating novel sequences identified thereby.

Law360 reported that the case involves several law firms, including Fish & Richardson, Morgan Lewis, and Quinn Emanuel. Companies like Myriad Genetics Inc., Regenxbio Inc., and Sarepta Therapeutics Inc. are also involved in the legal battle.

The case is currently before the U.S. Court of Appeals for the Federal Circuit, and the judge overseeing the matter is Richard G. Andrews. The legal dispute is expected to have significant implications for the gene therapy industry and patent law.

For more updates on this developing story, stay tuned to Law360 for the latest legal news and analysis.