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Recombinant Host Cells Are Patent-eligible: Federal Circuit Revives Regenxbio’s Gene Delivery Patent

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On February 20, 2026, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a closely watched...

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We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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On February 20, 2026, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a closely watched decision in <a href="https://www.cafc.uscourts.gov/02-20-2026-24-1408-regenxbio-inc-v-sarepta-therapeutics-inc-opinion-24-1408-opinion-2-20-2026_2650255/">REGENXBIO, Inc. v. Sarepta Therapeutics, Inc., No. 24-01408 (Fed. Cir. 2026)</a>, clarifying the scope of patent eligibility for engineered cells.Read the full <a href="https://lifesciences.mofo.com/topics/recombinant-host-cells-are-patent-eligible-federal-circuit-revives-regenxbio-s-gene-delivery-patent" target="_blank">blog post</a>.

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Dr. Paige Chandler focuses her practice on patent drafting and prosecution and IP due diligence, with an emphasis on biomedical physiology.Paige assists life sciences clients with drafting and prosecuting U.S. and foreign patent applications, conducting interviews with U.S. Patent and Trademark Office (USPTO) examiners, conducting landscape and freedom-to-operate analyses, and reviewing prior art in connection with Patent Trial and Appeal Board (PTAB) proceedings. She has experience with technologies including protein engineering, antibody design, chimeric peptides, diagnostics, genetically engineered microorganisms, vector engineering, and CAR-T therapy, among others.Paige earned her Ph.D. in biomedical physiology and M.S. in physiology from the Pennsylvania State University. During her graduate student research, she studied the molecular contribution of protein degradation in muscle hypertrophy and the interaction between breast cancer and bone to elucidate mechanisms of breast cancer metastasis to bone.﻿Paige earned her B.S. in animal science from Louisiana State University. She is registered to practice before the USPTO.

Paige Chandler

Associate

Dr. Jeff Schmidt is a member of the firm’s Patent Group. His practice focuses on patent prosecution in the areas of life sciences, biotechnology, and pharmaceuticals, which includes the preparation and prosecution of patent applications in domestic and international jurisdictions, as well as strategic counseling and global portfolio management.  Jeff also counsels clients on issues including patentability, enforceability, validity, freedom-to-operate, IP due diligence, and IP landscape analysis, and assists with patent litigation in U.S. district court.Jeff has research experience in the fields of genetics, biochemistry, cell and molecular biology, cancer biology, and immunology. He was awarded a Department of Defense predoctoral fellowship to investigate, using cell and animal models, the role that certain cytokine signaling pathways play in the development and progression of breast cancer, and to identify novel strategies for prevention and treatment.Prior to joining Morrison & Foerster, Jeff was a corporate counsel extern for the Whirlpool Corporation, a legal intern for the University of Notre Dame’s Intellectual Property and Entrepreneurship Clinic, and a summer associate with Morrison & Foerster for two summers. He also externed as a patent examiner for the United States Patent and Trademark Office (USPTO), and interned in the technology transfer office at the University of Nebraska Medical Center.Jeff earned his J.D. summa cum laude from the University of Notre Dame Law School, where he was the Executive Articles Editor for the Notre Dame Law Review, and a member of the Moot Court Board. He received his Ph.D. in Cancer Research from the University of Nebraska Medical Center, his M.B.A. from the University of Nebraska at Omaha, and his B.A. in Biology from Saint John’s University.Jeff is admitted to practice before the United States Patent & Trademark Office.

Jeffrey Schmidt

Karen Potter, Ph.D., J.D., is a nationally recognized patent attorney and leader of Morrison Foerster’s Cell and Gene Therapy Patent practice in San Diego, California. With over 20 years of experience in life sciences intellectual property law, Karen specializes in patent strategy, prosecution, and portfolio management for biotechnology and pharmaceutical companies worldwide.Karen’s technical background in cellular and molecular biology and immunology uniquely positions her as a trusted advisor for innovators in:<ul><li>Cell and gene therapies (including T cell, Natural Killer cell, stem cell, gene-based, and epigenetic therapies)</li><li>Immunotherapies (antibody and protein-based therapies)</li><li>Virus and vaccine therapies</li><li>Companion diagnostics and diagnostic assays</li><li>Protein therapeutics and bioassays</li></ul>Karen leads and mentors a multidisciplinary team of patent attorneys, agents, and scientific analysts, delivering strategic and comprehensive intellectual property services. Her practice includes:<ul><li>U.S. and international patent preparation and prosecution</li><li>Patent portfolio development and management</li><li>Patentability and freedom-to-operate analyses</li><li>Patent term extension strategies</li><li>Due diligence for investors and M&A transactions</li><li>Strategic counseling for startups, emerging, and established life sciences companies</li></ul>Karen is widely recognized for her ability to deliver pragmatic, creative patent solutions tailored to the unique needs of life sciences clients. She has been honored by publications for her leadership and innovative approach in biotechnology patent law.Before her legal career, Karen completed postdoctoral research at the La Jolla Institute for Allergy and Immunology and earned her Ph.D. in cellular and molecular biology from Duke University. Her scientific research has been published in leading peer-reviewed journals and presented at national conferences.