Sarepta To Appeal USPTO Decision In Patent Interference Case With BioMarin

(RTTNews) - Sarepta Therapeutics, Inc. (SRPT) announced the Patent Trial and Appeal Board of the USPTO has issued a decision in the patent interference proceeding concerning methods for treating Duchenne muscular dystrophy with certain exon 51 skipping oligonucleotides claimed in BioMarin's pending U.S. Patent Application and Sarepta's granted U.S. Patent. Sarepta said it intends to appeal the decision to the U.S. Court of Appeals for the Federal Circuit.

"Until there are final decisions in the appeal to this decision, the remaining interference proceedings, and any other potential future legal proceedings, it is unclear what potential importance, if any, this USPTO decision may ultimately have," Sarepta stated.

Sarepta noted that PTAB has not yet issued a decision in the two pending composition of matter patent interference proceedings relating to the exon 51 skipping oligonucleotides underlying the methods that are the subject of the decision or the exon 53 skipping oligonucleotides.