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Court Tells Sarepta to Withdraw Patent Challenges Against Nippon Shinyaku

February 10, 2022

The U.S. Court of Appeals for the Federal Circuit has ruled that specific patents held by Nippon Shinyaku for a Duchenne muscular dystrophy treatment can’t be challenged by Sarepta Therapeutics — at least not in front of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board, which is what Sarepta was seeking.

The court ruled that Sarepta’s challenges violated an agreement between the two companies and that Sarepta must withdraw the administrative challenges it brought against Nippon Shinyaku.

The court said a contract between the two companies plainly required that Sarepta could only dispute the validity of Nippon Shinyaku’s patents in a Delaware federal court.

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