After Sarepta's Win, BioMarin Wants a Piece of the Action Too

Published: Sep 23, 2016

* BioMarin Pharmaceutical on Wednesday said it plans to seek a review of a patent board ruling it lost to Sarepta Therapeutics earlier this week, extending a legal battle over Sarepta's formulations for its drugs to treat Duchenne muscular dystrophy (DMD).

* Cambridge, MA-based Sarepta, which just won approval of its DMD drug eteplirsen on Monday, announced Wednesday that the U.S. Patent Trial and Appeal Board (PTAB) had ruled in its favor over two composition of matter patents for exon 51- and exon 53-skipping treatment methods.

* BioMarin was one of several drugmakers whose proposed DMD medications were rejected by the Food and Drug Administration this year. Appeal of the patent rulings are a last attempt to claim Sarepta's eteplirsen infringes on BioMarin intellectual property.

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