Regenxbio previously sued Sarepta Therapeutics for infringement of U.S. Patent No. 10,526,617 (“the ‘617 patent”). The patent is owned by the University of Pennsylvania and exclusively licensed to Regenxbio. Yet, the district court presiding over the lawsuit recently invalidated the ‘617 patent, thereby effectively ending the suit. Regenxbio has already started the appeal process. What is the likelihood Regenxbio can revive its patent claims against Sarepta’s DMD therapies?
Read MoreOn June 4, the Federal Circuit issued a precedential decision holding that § 285 under the Patent Statute is inapplicable for awarding attorneys’ fees to the prevailing party in a proceeding for inter partes review. The case is Amneal Pharmaceuticals, LLC v. Almirall, LLC, Case No. 2020-1106 (Fed. Cir. Jun. 4, 2020). While the Court’s decision dispenses rather cleanly with the possibility of collecting fees for prevailing in an IPR, the Court nonetheless left open the door to collecting fees if the IPR is intimately tied to a pending parallel district court case. How much does that matter?
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