Regenxbio (RGNX) announced the U.S. District Court for the District of Delaware granted Sarepta Therapeutics (SRPT) summary judgment on invalidity in a patent infringement suit arising from Sarepta’s manufacture and use of cultured host cell technology covered by a University of Pennsylvania patent that Sarepta uses to make clinical and commercial supplies of SRP-9001, for itself and Roche (RHHBY), for the treatment of Duchenne muscular dystrophy. REGENXBIO intends to file an immediate appeal. REGENXBIO exclusively licensed the patent, U.S. Patent No. 10,526,617 (‘617), from Penn, which is a joint plaintiff in the lawsuit. The lawsuit was filed September 30, 2020, and a trial was scheduled for the end of January 2024. The ruling on this expired patent does not impact REGENXBIO’s current licenses or therapeutic pipeline.
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