Sarepta En Banc Bid Spotlights DNA Patent Limits: Delaware Brief

Sarepta Bid Spotlights DNA Patent Limits

Sarepta’s bid for the full Federal Circuit’s review of a revived gene-therapy patent fight with RegenxBio is drawing attention to the question of when altered DNA becomes different enough from nature to be patented, Christopher Yasiejko reports.

Sarepta requested an en banc review in late March after an appeals panel in February reversed a January 2024 ruling invalidating US Patent No. 10,526,617. RegenxBio and the University of Pennsylvania sued Sarepta in September 2020 alleging the manufacturing process for its Duchenne muscular dystrophy gene therapy, SRP-9001, uses lab-grown host cells with recombinant DNA ...