News & Analysis as of

Alice/Mayo Life Sciences

McDermott Will & Schulte

Manufactured host cells markedly different from naturally occurring cells may be patent eligible

Addressing subject matter eligibility in the life sciences context, the US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment ruling that certain claims directed to genetically engineered...more

Haynes Boone

Federal Circuit Provides Guidance on Patentability of Recombinant Host Cells

Haynes Boone on

On Feb. 20, 2026, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a thoughtful analysis of biotechnology subject-matter eligibility in REGENXBIO, Inc. v. Sarepta Therapeutics, Inc., No....more

Cooley LLP

Federal Circuit Sheds Light on Patent Eligibility for Gene Therapy Patents in Precedential REGENXBIO Decision

Cooley LLP on

On February 20, 2026, the US Court of Appeals for the Federal Circuit issued a precedential decision in REGENXBIO Inc. v. Sarepta Therapeutics, Inc., holding that claims directed at an “undisputedly human made” host cell...more

White & Case LLP

Federal Circuit Clarifies Patent-Eligibility Under 35 U.S.C. § 101 For Claims Covering Recombinant DNA Molecules

White & Case LLP on

On February 20, 2026, in REGENXBIO Inc. et al. v. Sarepta Therapeutics Inc., et al., No. 2024-1408, the Federal Circuit reversed a district court decision which held that claims covering a cultured host cell containing a...more

Holland & Knight LLP

Section 101 Screens Out Claims of Using Biomarkers to Identify Drugs That May Cause Rare Disorder

Holland & Knight LLP on

Lysosomal storage disorders are a group of inherited diseases that range from treatable (Fabray Disease and Gaucher disease) to fatal (Niemann-Pick disease and Tay-Sachs disease). Drug-induced phospholipidosis (DIP) is...more

MoFo Life Sciences

Recombinant Host Cells Are Patent-eligible: Federal Circuit Revives Regenxbio’s Gene Delivery Patent

MoFo Life Sciences on

On February 20, 2026, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a closely watched decision in REGENXBIO, Inc. v. Sarepta Therapeutics, Inc., No. 24-01408 (Fed. Cir. 2026),...more

Knobbe Martens

Practical Application and Particular Treatment: What the USPTO’s December 4 Memorandum Means for Life Sciences §101 Eligibility

Knobbe Martens on

The USPTO’s December 4, 2025 memorandum on Subject Matter Eligibility Declarations (SMEDs) seeks to raise awareness of the “underutilized path” of submitting Rule 132 declarations, referred to as “SMEDs”, for supporting §101...more

McDermott Will & Schulte

In Determining Subject Matter Eligibility, the Name of the Game Is the Claim

In a decision underscoring the distinct standards governing enablement under §§ 102 and 112, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s finding that a prior art reference was...more

WilmerHale

Recent Decision Raises Patent Eligibility Concerns Regarding Certain Gene Therapy-Related Inventions

WilmerHale on

This past Friday, a federal district court held that the mere fact of combining certain natural products – such as isolated, naturally occurring AAV sequences and a heterologous non-AAV sequence – and putting them into a...more

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