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On October 7, 2026, the Court granted REGENXBIO and Sarepta’s joint stipulations of dismissal of Case Nos. 1:20-cv-01226 (D. Del.) and 1:23-cv-00667 (D. Del.) alleging infringement of The Trustees of the University of Pennsylvania and REGENXBIO’s U.S. Patent Nos. 10,526,617 (“the ’617 patent”) and 11,680,274 (“the ’274 patent”) by Sarepta’s gene therapy product Elevidys® (delandistrogene moxeparvovec-rokl) (previously reported Federal Circuit Reverses § 101 Unpatentability Finding for Gene Therapy Patent Asserted Against Elevidys®).

On October 8, 2026, the CAFC granted REGENXBIO and Sarepta’s joint stipulation of dismissal of CAFC Appeal No. 26-1071, appealing the Final Written Decision in IPR2024-00580 finding claim 8 of the ’274 patent not unpatentable.

The dismissals come as a result of a September 2026 settlement agreement under which Sarepta agreed to pay $39 million to REGENXBIO to settle all ongoing patent disputes related to the ’617 and ’274 patents as well as a covenant not to assert U.S. Patent No. 9,198,984 or related patents and applications.  REGENXBIO additionally agreed not to pursue patent claims against Sarepta, its affiliates, licensees, or commercial partners over patents covering the existing form of Elevidys® or its AAVrh74-based capsid sequence.

Sarepta reported $898.7 million in net revenue from Elevidys® in 2025.

For more information about these and other biologic drug patent disputes, please visit BiologicsHQ.

 

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The author would like to thank April Breyer Menon for her contributions to this article.


    Methodology

    Information contained in the Venable BiologicsHQ database relates to FDA-approved drug products listed in the CDER Purple Book or on the FDA website (www.fda.gov). Information relating to FDA licensed products, FDA-approved indications, and aBLA and 505(b)(2) applications is obtained from public sources including the U.S. FDA website (www.fda.gov). Information relating to litigations is given only for cases active from January 31, 2010 onward. Information relating to foreign biosimilar / biologics follow-on products approved in Australia, Canada, the E.U., Japan and South Korea is from public sources. Statistics graphics are compiled from information contained in the Venable BiologicsHQ database.

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