NEW YORK – Sanofi subsidiary Genzyme has sued Sarepta Therapeutics and its subsidiary Sarepta Therapeutics Three, alleging that Sarepta's Duchenne muscular dystrophy (DMD) therapy Elevidys (delandistrogene moxeparvovec-rokl) infringes two of Genzyme's patents.
In the lawsuit filed Friday in the US District Court for the District of Delaware, Genzyme alleges that Elevidys, an adeno-associated vector (AAV)-based gene therapy, infringes upon its patents 9,051,542 and 7,704,721, which collectively cover methods to prevent AAV aggregation.
The company demanded a jury trial and asked for damages "adequate to compensate" Genzyme for the alleged infringement, including attorney's fees and other expenses.
Earlier this year, Sarepta successfully defended Elevidys in a separate patent infringement case brought by Regenxbio.
The US Food and Drug Administration granted accelerated approval to Elevidys last year, making it the first approved gene therapy for DMD, and in June converted that accelerated approval to a traditional approval and expanded its use to include patients older than 5 years.