Nippon Shinyaku Can Get Order to Halt Sarepta Patent Reviews

A U.S. appeals court said Nippon Shinyaku is entitled to an order forcing rival Sarepta to withdraw its efforts to have the Patent Trial and Appeal Board review the validity of seven Nippon patents related to genetic therapy for Duchenne muscular dystrophy.

• Under an agreement the two companies had signed, Sarepta agreed that any disputes over the patents must be considered by a federal court in Delaware, the U.S. Court of Appeals for the Federal Circuit ruled Tuesday
• Sarepta’s filing of validity challenges at the PTAB was a violation of that agreement, the three-judge panel ruled
• It reversed a Delaware ...