Bluebird Wins Patent Fight Over Two High-Priced Gene Therapies

Two of Bluebird Bio Inc.’s multimillion-dollar blood-disorder treatments, Zynteglo and Lyfgenia, don’t infringe San Rocco Therapeutics LLC’s patented gene-therapy technology, a Delaware federal judge ruled.

San Rocco “gave up the territory it now seeks to recapture via the doctrine of equivalents” when, to convince the US Patent and Trademark Office to approve them, it narrowed the patents’ claims to specify a precise DNA sequence that Bluebird’s therapies don’t use, Judge Richard G. Andrews wrote in an opinion issued May 16 in the US District Court for the District of Delaware. He granted Bluebird’s request for summary judgment of noninfringement.

San ...