A verdict issued Thursday in the U.S. District Court for the District of Delaware showed that Sarepta (SRPT) Therapeutics convinced a federal jury to uphold a patent Nippon Shinyaku admitted its Viltepso drug infringes and to void a patent it conceded infringing with its competing genetic therapy for Duchenne muscular dystrophy. Jurors in the case ruled that Nippon Shinyaku’s U.S. Patent No. 10,385,092 is invalid for covering an obvious invention, mooting Sarepta’s concession that its Vyondys 53 drug infringes, the ruling shows. In a separate filing on Friday, jurors concluded that Nippon Shinyaku owes Sarepta $115.22M in lost profits damages for infringing U.S. sales.
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