Sarepta Fails to Dismiss RegenxBio Suit Over Gene-Therapy Patent

Sarepta Therapeutics Inc. on Tuesday failed to convince a Delaware federal judge to throw out a lawsuit brought by RegenxBio Inc. and the University of Pennsylvania for allegedly infringing a cultured host cell patent in its gene therapies used for muscular dystrophy.

RegenxBio and Penn filed suit in 2020, alleging a violation of U.S. Patent No. 10,526,617, which describes a “cultured host cell containing a recombinant nucleic acid molecule” allegedly used by Sarepta in its “SRP-9001” gene therapy product. SRP-9001 is used to treat Duchenne muscular dystrophy.

Sarepta moved to dismiss the complaint for failure to state a claim, saying ...