Federal Circuit Sheds Light on Patent Eligibility for Gene Therapy Patents in Precedential REGENXBIO Decision

On February 20, 2026, the US Court of Appeals for the Federal Circuit issued a precedential decision in REGENXBIO Inc. v. Sarepta Therapeutics, Inc., holding that claims directed at an “undisputedly human made” host cell containing recombinant nucleic acid molecules are patent eligible under §101 (2026 WL 479224 (Fed. Cir. Feb. 20, 2026)).... By: Cooley LLP