Federal Circuit Reverses § 101 Unpatentability Finding for Gene Therapy Patent Asserted Against Elevidys®

On February 20, 2026, in Case No. 24-1408, the CAFC reversed and remanded the district court’s summary judgment decision (Case No. 1:20-cv-01226 (D. Del.)) finding the claims of REGENXBIO’s U.S. Patent No. 10,526,617 (“the ’617 patent”) invalid under 35 U.S.C. § 101 as directed toward patent ineligible subject matter. ... By: Venable LLP