U.S. biotech Sarepta loses bid to challenge rival’s muscular dystrophy patents – Reuters

A Japanese drug maker’s patents related to treating Duchenne muscular dystrophy cannot be challenged by U.S. rival Sarepta Therapeutics before an administrative tribunal, a U.S. appeals court ruled Tuesday.

An agreement that Sarepta signed with Nippon Shinyaku while discussing a potential collaboration should have prevented Sarepta from asking the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board to review the patents, the U.S. Court of Appeals for the Federal Circuit said.

The appeals court reversed a decision by Delaware District Judge Leonard Stark, whom President Biden nominated to the Federal Circuit in November, and ordered him to stop Sarepta from continuing with the board proceedings.

Read more at: https://www.reuters.com/legal/transactional/us-biotech-sarepta-loses-bid-challenge-rivals-muscular-dystrophy-patents-2022-02-08/