Sarepta Seeks En Banc Review of Federal Circuit Ruling in REGENXBIO Case

On March 23, 2026, Sarepta Therapeutics, Inc. filed a request for a rehearing in REGENXBIO Inc. v. Sarepta Therapeutics, Inc. before the full Federal Circuit bench.

Per Sarepta's Petition for Rehearing En Banc, the prior decision by the three-judge Federal Circuit panel "adopts a new rule of patent eligibility – naturally occurring DNA becomes patent-eligible whenever it is incorporated into a 'human-made' construct." Sarepta's argues that the Federal Circuit panel decision is contrary to established U.S. Supreme Court precedent which mandates that naturally-occurring DNA demonstrate "markedly different characteristics" from its natural state in order to be patentable under 35 U.S.C. s.101.

We will follow up with the Federal Circuit's decision on Sarepta's petition.