Regenxbio v. Sarepta (Fed. Cir., February 20, 2026) 2024-1408
This episode concerns an opinion from the Federal Circuit which addresses a patent dispute regarding genetically engineered host cells used in gene therapy. The court reversed a lower court's ruling that had invalidated the patent for allegedly claiming a natural phenomenon. The judges determined that the claimed cells are human-made inventions because they contain recombinant nucleic acid from different species, which does not exist in nature. By comparing the technology to landmark cases like Chakrabarty and Myriad, the court concluded that these modified cells possess "markedly different"…
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