Sarepta Therapeutics Inc. (NASDAQ:SRPT) had an almost 100% rise in stock price upon approval of the Food and Drug Administration of its key drug, the Eteplirsen. Rumor has it that the said company was a potential acquisition target. Because of such, Sarepta has been termed as a hot stock during the past two days. The pharmaceutical company’s recent success run just reached another milestone, garnered from the recent favorable decision opposing their emulator, the Biomarin Pharmaceuticals Inc. (NASDAQ:BMRN).
Favorable Decisions Concerning Patent Infringement Matter
Ever since the company’s success in the long-awaited approval for its vital product, the Eteplirsen drug, by the Food and Drug Association (FDA), Sarepta Pharmaceuticals has just recently announced enthusiastic decisions concerning a patent infringement matter. Such subject was filed by their industry opponent, Biomarin Pharmaceuticals. The decision was made by the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO).
The corporeality is associated with the interfering patent claims that were filed by Biomarin Pharmaceuticals against its competitor, Sarepta Pharmaceuticals over the arrangement of matter patent interferences for exon 53 and exon 51. Sarepta Pharmaceuticals initiates the commercialization EXONDYS 51 after being granted an FDA approval.
PTAB Facilitated the Commercialization of EXONDYS 51 (Eteplirsen Drug) by Sarepta
Sarepta Pharmaceuticals has mentioned in the press release that the “PTAB decision for exon 53 allows BioMarin to obtain a narrow composition of matter claim, however, SRP-4053 does not infringe this claim. The PTAB ended the exon 51 interference in our favor based on a statute of limitations bar.”
BioMarin’s claims against Sarepta’s key drugs namely SRP-4053 and Eteplirsen could have formed a basis for an infringement claim.
Biomarin’s application for its Kyndrisa (Drisapersen) drug could not get the recommended approval from the FDA. The said drug was a predermined competitor for the Eteplirsen drug by Sarepta Pharmaceuticals which is also intended for the treatment and medication of Duchenne muscular dystrophy.