Sarepta defeats Regenxbio, UPenn patent lawsuit over muscular dystrophy treatment

Jan 5 (Reuters) - Sarepta Therapeutics (SRPT.O) convinced a Delaware federal court on Friday to end a patent lawsuit filed by biotech company Regenxbio (RGNX.O) and the University of Pennsylvania over Sarepta's treatment for Duchenne muscular dystrophy (DMD).

U.S. District Judge Richard Andrews determined that the patent Sarepta was accused of infringing, related to Regenxbio's competing gene-therapy technology, was invalid.

Regenxbio's chief legal officer Patrick Christmas said that the company was disappointed by the decision and plans to appeal. A spokesperson for Penn declined to comment.

A Sarepta spokesperson said that the company was pleased with the decision and called it a "win for innovation."

DMD is a severe degenerative genetic disorder that primarily affects boys. The U.S. Food and Drug Administration approved Sarepta's Elevidys, the first gene therapy for DMD, last year.

Cambridge, Massachusetts-based Sarepta reported in October that Elevidys had failed to meet the main goal of a late-stage trial.

Rockville, Maryland-based Regenxbio is developing its own DMD treatment. Its 2020 lawsuit said that Elevidys infringes a gene-therapy patent that Regenxbio licenses from Penn.

Regenxbio and Penn had requested more than $900 million in monetary damages, according to a court transcript from last year.

Andrews agreed with Sarepta on Friday that the patent is invalid because it covers naturally occurring DNA sequences.

A separate, related patent lawsuit filed by Regenxbio and Penn against Sarepta last year is ongoing.

The case is Regenxbio Inc v. Sarepta Therapeutics Inc, U.S. District Court for the District of Delaware, No. 1:20-cv-01226.