aibioKrystal Biotech sued in Delaware over inventorship of two KB407 cystic fibrosis patents
Tickers KRYS
Jonathan Forman says he conceived of inventions claimed in two U.S. patents and was wrongly left off as an inventor. Krystal is the named defendant and says the claims are without merit.
Key facts
- Company
- Krystal Biotech, Inc. (NASDAQ: KRYS)
- News type
- Legal
- Primary source
- Krystal Biotech 10-Q for the quarter ended June 30, 2026 (SEC EDGAR)
Krystal Biotech, Inc. (Nasdaq: KRYS) disclosed in its 10-Q filed August 3, 2026 that Jonathan Forman sued the company on May 29, 2026 in the U.S. District Court for the District of Delaware, Docket No. 1:26-cv-00628. Forman asks the court to correct the named inventors on two U.S. patents under 35 U.S.C. § 256.
The defendant is Krystal. The 10-Q names no other defendant and no individuals. Forman alleges that he conceived of and contributed to the inventions claimed in the patents and was erroneously omitted as a named inventor. Krystal says it believes the claims are without merit. The claims described here are allegations.
The case
The suit concerns U.S. Patent No. 10,829,529 and U.S. Patent No. 12,522,636. The 10-Q says they relate to compositions and methods for delivering CFTR polypeptides, and that Forman alleges they are embodied in KB407, Krystal's product candidate for cystic fibrosis. In addition to correction of inventorship, Forman seeks his attorneys' fees and his costs and expenses. The 10-Q does not say who the current named inventors are.
Krystal's 10-K filed February 17, 2026 lists both patents with Krystal as owner. The '529 patent is described as covering methods of using herpes virus vectors encoding CFTR to treat cystic fibrosis and other disease causing progressive lung destruction. The '636 patent is described as a composition of matter patent. The 10-K gives an expiration date of February 7, 2040 for both, and lists other KB407 patents in other countries, including Australia and Colombia. The 10-Q describes the suit as concerning only the two U.S. patents.
Defendants
Krystal Biotech, Inc. is the only defendant the 10-Q names. It does not say who Forman is or whether he has worked with Krystal. It also gives no response deadline.
About KB407
The 10-Q describes KB407 as an inhaled, nebulized formulation of Krystal's vector, designed to deliver two copies of the full-length CFTR transgene. In July 2023 the company announced that it had dosed the first patient in its Phase 1 CORAL-1 study. It reported interim safety data from the first two dose cohorts in December 2024 and interim safety and molecular data from the third cohort in January 2026. Krystal says KB407 was generally well tolerated across all three cohorts.
The company is now running an open label, single-arm study of repeat dose KB407 over 24 weeks in five patients who are ineligible for, do not tolerate, or do not benefit from modulator therapy. Enrollment is ongoing. Krystal says it expects FDA alignment on a registrational study design in the second half of 2026 and plans to start that study in 2027. In April 2026, the FDA granted platform technology designation to the engineered HSV-1 vector used in KB407.
Where it stands
The suit first appears in this 10-Q, since it was filed after the company's previous quarterly report. The filing reports no answer, motion, hearing or schedule. It says Krystal intends to defend the matter vigorously.
Why it matters to shareholders
Krystal says it cannot estimate the possible loss or range of losses, if any, from the matter. The 10-Q does not say whether a change in the named inventors would affect Krystal's rights under the patents or the KB407 program. The 10-Q gives the plaintiff's requested relief as correction of inventorship plus fees and costs. It does not mention damages.
Krystal also disclosed, in the same note, Justice Department subpoenas about its VYJUVEK genetic testing program and a Delaware derivative suit over director pay.