Fox Rothschild IP Team Scores Major Victory in Biotech Patent Dispute

A Fox Rothschild Intellectual Property team, including Wanda D. French-Brown, Howard Suh, Joe Chen, Michael W. Glynn, James H. McConnell and Luke Toft, successfully defended two biotechnology gene therapy patents on behalf of firm client San Rocco Therapeutics, LLC.

In October 2022, bluebird bio Inc. filed the inter partes review petitions, challenging claims of San Rocco’s exclusively licensed patents directed to recombinant vector systems expressing globin genes. San Rocco’s licensed patented technology covers lentiviral vectors used in gene therapy treatments for Sickle Cell Disease and Beta Thalassemia.

Suh and Chen presented oral arguments before the Patent Trial and Appeal Board in January 2024. The final decision, issued on April 22, found all the challenged claims of the two patents are not unpatentable.