As we previously reported, REGENXBIO's litigation against Sarepta, alleging
infringement of U.S. Patent No. 11,680,274 (the "'274
patent") by Sarepta's gene therapy product, was stayed pending resolution of Sarepta's IPR
against the '274 patent.
The PTAB now has granted institution of Sarepta's IPR,
which challenges claims 1, 3-6, and 8 of the '274 patent as
obvious over four prior art references: US 2003/0138772 A1
("'772 Publication"), Qing Xie et al., The atomic
structure of adeno-associated virus (AAV-2), a vector for human
gene therapy, 99 Proc. Nat'l Acad. Sci., 10405–10410
(2002) ("Xie"), Stephen Snowdy, Nuclear targeting by
adeno-associated virus capsid proteins and virions (2003)
(Ph.D. dissertation, University of North Carolina, Chapel Hill)
("Snowdy"), and/or Stewart A. Fabb et al.,
Adeno-associated virus vector gene transfer and sarcolemmal
expression of a 144 kDa micro-dystrophin effectively restores the
dystrophin-associated protein complex and
