By Blake Brittain
Japanese drugmaker Nippon Shinyaku infringed a Sarepta patent related to its Duchenne muscular dystrophy (DMD) drug Vyondys 53 and must pay $115.2 million in damages, a Delaware jury said on Friday.
The jury also rejected competing patent claims by Shinyaku, which had accused Sarepta of violating its patent rights in its DMD drug Viltepso. The jury determined on Thursday that the Shinyaku patent at issue was invalid.
Spokespeople for Shinyaku did not immediately respond to a request for comment on the verdict. Sarepta thanked the jury for the verdict in a statement.
Sarepta and Shinyaku both make drugs to treat DMD, a rare genetic disorder that causes muscle deterioration. Sarepta earned more than $130 million from sales of Vyondys 53 last year and Shinyaku brought in more than $84 million from U.S. Viltepso sales, according to company reports.
Sarepta’s drug received accelerated approval from the U.S. Food and Drug Administration in 2019, while Shinyaku’s received the same approval in 2020.
Shinyaku sued Sarepta in Delaware federal court in 2021, accusing Vyondys 53 of infringing its patents and seeking a declaration that Viltepso did not infringe Sarepta’s patents. Cambridge, Massachusetts-based Sarepta countered with its infringement allegations against Shinyaku in 2022.
(Reporting by Blake Brittain in Washington; Editing by Daniel Wallis)
