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Regenxbio, Inc. v. Sarepta Therapeutics. Inc. – The Long Reach of Funk Bros. Seed Co.
Regenxbio [Regen], a company developing gene therapy, sued Sarepta [Sar] in D. Del. for infringement of claims of U.S. Pat. No. 105,526,417: A cultured host cell containing a recombinant nucleic acid molecule encoding an AAP vp 1 capsid protein having a sequence comprising nucleic acids 1 to 738 of SEQ ID NO 81 (AAvrh.10) or a sequence at least 95% identical to the full length of amino acids 1…
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Federal Circuit Concurring Opinion Recommends En Banc Review of Prior Ineligible Subject Matter Decision
Federal Circuit Concurring Opinion Recommends En Banc Review of Prior Ineligible Subject Matter Decision
On October 9, 2018, the United States Court of Appeals for the Federal Circuit affirmed a grant of summary judgment of invalidity due to patent-ineligible subject matter in Roche Molecular Systems, Inc. v. Cepheid, No. 2017-1690, applying its prior holding concerning claims directed to similar technology in In re BRCA1- & BRCA2-Based Hereditary Cancer Test Patent Litigation, 774 F.3d 755, 760…
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