Nippon Shinyaku.,Ltd. v. Sarepta Therapeutics, Inc.
Plaintiff: Nippon Shinyaku.,Ltd. and Nippon Shinyaku Co.,Ltd.
Defendant: Sarepta Therapeutics, Inc.
Case Number: 1:2021cv01015
Filed: July 13, 2021
Court: U.S. District Court for the District of Delaware
Presiding Judge: Leonard P Stark
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 1
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 10, 2021 Opinion or Order Filing 39 [SEALED] First AMENDED COMPLAINT for Breach of Contract, Declaratory Judgment of Non-Infringement and Patent Invalidity, and Patent Infringement against Sarepta Therapeutics, Inc.- filed by Nippon Shinyaku Co.,Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Certificate of Service)(Dudash, Amy)
September 10, 2021 Opinion or Order Filing 38 [SEALED] MOTION to Seal Unopposed - filed by Nippon Shinyaku Co.,Ltd.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Dudash, Amy)
September 10, 2021 Opinion or Order Filing 37 REDACTED VERSION of #33 Opening Brief in Support, by Sarepta Therapeutics, Inc.. (Dellinger, Megan)
September 10, 2021 Opinion or Order Filing 36 REDACTED VERSION of #31 MOTION to Seal Opening Brief by Sarepta Therapeutics, Inc.. (Dellinger, Megan)
September 9, 2021 Opinion or Order Filing 35 ORDER re #31 MOTION to Seal Opening Brief filed by Sarepta Therapeutics, Inc. Signed by Judge Leonard P. Stark on 9/8/21. (ntl)
September 9, 2021 Opinion or Order Pro Hac Vice Attorney Jitsuro Morishita for Nippon Shinyaku Co.,Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs)
September 9, 2021 Opinion or Order SO ORDERED, re #34 MOTION for Pro Hac Vice Appearance of Attorney Jitsuro Morishita filed by Nippon Shinyaku Co.,Ltd. Signed by Judge Leonard P. Stark on 9/9/21. (ntl)
September 8, 2021 Opinion or Order Filing 34 MOTION for Pro Hac Vice Appearance of Attorney Jitsuro Morishita - filed by Nippon Shinyaku Co.,Ltd.. (Attachments: #1 Certification by Counsel to be Admitted Pro Hac Vice)(Dudash, Amy)
September 3, 2021 Opinion or Order Filing 33 [SEALED] OPENING BRIEF in Support re #32 MOTION to Dismiss MOTION to Strike #2 Complaint, -- Motion to Dismiss Claims II-X of Complaint and to Strike Paragraphs 11, 66 and 69 of the Complaint -- filed by Sarepta Therapeutics, Inc..Answering Brief/Response due date per Local Rules is 9/17/2021. (Blumenfeld, Jack)
September 3, 2021 Opinion or Order Filing 32 MOTION to Dismiss, MOTION to Strike #2 Complaint, -- Motion to Dismiss Claims II-X of Complaint and to Strike Paragraphs 11, 66 and 69 of the Complaint -- - filed by Sarepta Therapeutics, Inc.. (Blumenfeld, Jack)
September 3, 2021 Opinion or Order Filing 31 [SEALED] MOTION to Seal Opening Brief - filed by Sarepta Therapeutics, Inc.. (Blumenfeld, Jack)
September 1, 2021 Opinion or Order Filing 30 REDACTED VERSION of #25 Reply Brief by Nippon Shinyaku Co.,Ltd.. (Dudash, Amy)
September 1, 2021 Opinion or Order Filing 29 REDACTED VERSION of #24 MOTION to Seal [Unopposed] by Nippon Shinyaku Co.,Ltd.. (Dudash, Amy)
September 1, 2021 Opinion or Order CORRECTING ENTRY: Corrected document added to D.I. #14 per request of counsel. (ntl)
August 27, 2021 Opinion or Order Filing 28 ORDER re #24 MOTION for Leave to file under Seal [Unopposed] filed by Nippon Shinyaku Co., Ltd. Signed by Judge Leonard P. Stark on 8/27/21. (ntl)
August 27, 2021 Opinion or Order Filing 27 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding request for oral argument - re #4 MOTION for Preliminary Injunction. (Blumenfeld, Jack)
August 25, 2021 Opinion or Order Filing 26 REQUEST for Oral Argument by Nippon Shinyaku Co.,Ltd. re #4 MOTION for Preliminary Injunction. (Dudash, Amy)
August 25, 2021 Opinion or Order Filing 25 [SEALED] REPLY BRIEF re #4 MOTION for Preliminary Injunction filed by Nippon Shinyaku Co.,Ltd.. (Attachments: #1 Certificate of Service)(Dudash, Amy)
August 25, 2021 Opinion or Order Filing 24 [SEALED] MOTION to Seal [Unopposed] - filed by Nippon Shinyaku Co.,Ltd.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Dudash, Amy)
August 18, 2021 Opinion or Order Filing 23 REDACTED VERSION of #18 Answering Brief in Opposition - by Sarepta Therapeutics, Inc.. (Attachments: #1 Exhibits 1-3)(Dellinger, Megan)
August 18, 2021 Opinion or Order Filing 22 REDACTED VERSION of #17 MOTION to Seal (Unopposed) - by Sarepta Therapeutics, Inc.. (Dellinger, Megan)
August 17, 2021 Opinion or Order SO ORDERED, re #21 STIPULATION TO EXTEND TIME Deadline for Plaintiff to File Its Reply Brief in Support of Motion for Preliminary Injunction (D.I. 4) to August 25, 2021 filed by Nippon Shinyaku Co., Ltd. Signed by Judge Leonard P. Stark on 8/17/21. (ntl)
August 16, 2021 Opinion or Order Filing 21 STIPULATION TO EXTEND TIME Deadline for Plaintiff to File Its Reply Brief in Support of Motion for Preliminary Injunction (D.I. 4) to August 25, 2021 - filed by Nippon Shinyaku Co.,Ltd.. (Dudash, Amy)
August 16, 2021 Opinion or Order Filing 20 ORDER re #17 MOTION for Leave to Seal (Unopposed) filed by Sarepta Therapeutics, Inc. Signed by Judge Leonard P. Stark on 8/16/21. (ntl)
August 13, 2021 Opinion or Order SO ORDERED, re #19 MOTION for Pro Hac Vice Appearance of Attorney Alissa K. Lipton, Charles E. Lipsey, Michael J. Flibbert, J. Derek McCorquindale, and Aaron Gleaton Clay filed by Sarepta Therapeutics, Inc. Signed by Judge Leonard P. Stark on 8/13/21. (ntl)
August 12, 2021 Opinion or Order Filing 19 MOTION for Pro Hac Vice Appearance of Attorney Alissa K. Lipton, Charles E. Lipsey, Michael J. Flibbert, J. Derek McCorquindale, and Aaron Gleaton Clay - filed by Sarepta Therapeutics, Inc.. (Dellinger, Megan)
August 11, 2021 Opinion or Order Filing 18 [SEALED] ANSWERING BRIEF in Opposition re #4 MOTION for Preliminary Injunction filed by Sarepta Therapeutics, Inc..Reply Brief due date per Local Rules is 8/18/2021. (Attachments: #1 Exhibits 1-3)(Blumenfeld, Jack)
August 11, 2021 Opinion or Order Filing 17 [SEALED] MOTION to Seal (Unopposed) - filed by Sarepta Therapeutics, Inc.. (Blumenfeld, Jack)
July 28, 2021 Opinion or Order SO ORDERED, re #15 STIPULATION TO EXTEND TIME for the defendant to file its answering brief and its answer to the complaint to August 11, 2021 and September 3, 2021, respectively filed by Sarepta Therapeutics, Inc. Signed by Judge Leonard P. Stark on 7/28/21. (ntl)
July 28, 2021 Opinion or Order Pro Hac Vice Attorney Amanda S. Williamson, Christopher J Betti, Krista Vink Venegas, Michael T. Sikora, and Maria E. Doukas for Nippon Shinyaku Co., Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs)
July 28, 2021 Opinion or Order SO ORDERED, re #16 MOTION for Pro Hac Vice Appearance of Attorney Amanda Williamson, Christopher Betti, Krista Vink Venegas, Maria Doukas, and Michael Sikora filed by Nippon Shinyaku Co.,Ltd. Signed by Judge Leonard P. Stark on 7/28/21. (ntl)
July 27, 2021 Opinion or Order Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Amanda Williamson, Christopher Betti, Krista Vink Venegas, Maria Doukas, and Michael Sikora - filed by Nippon Shinyaku Co.,Ltd.. (Attachments: #1 Amanda Williamson Certification by Counsel to be Admitted Pro Hac Vice, #2 Christopher Betti Certification by Counsel to be Admitted Pro Hac Vice, #3 Krista Venegas Certification by Counsel to be Admitted Pro Hac Vice, #4 Maria Doukas Certification by Counsel to be Admitted Pro Hac Vice, #5 Michael Sikora Certification by Counsel to be Admitted Pro Hac Vice)(Dudash, Amy)
July 26, 2021 Opinion or Order Filing 15 STIPULATION TO EXTEND TIME for the defendant to file its answering brief and its answer to the complaint to August 11, 2021 and September 3, 2021, respectively - filed by Sarepta Therapeutics, Inc.. (Blumenfeld, Jack)
July 26, 2021 Opinion or Order CORRECTING ENTRY: Corrected document added to D.I. 5 per request of counsel. (ntl)
July 21, 2021 Opinion or Order Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
July 20, 2021 Opinion or Order Filing 14 REDACTED VERSION of #5 MEMORANDUM in Support by Nippon Shinyaku Co.,Ltd.. (Dudash, Amy) (Main Document 14 replaced on 9/1/2021) (ntl).
July 20, 2021 Opinion or Order Filing 13 REDACTED VERSION of #4 MOTION for Preliminary Injunction by Nippon Shinyaku Co.,Ltd.. (Attachments: #1 Text of Proposed Order)(Dudash, Amy)
July 20, 2021 Opinion or Order Filing 12 REDACTED VERSION of #2 Complaint, by Nippon Shinyaku Co.,Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Civil Cover Sheet)(Dudash, Amy)
July 20, 2021 Opinion or Order Filing 11 REDACTED VERSION of #1 MOTION to Seal by Nippon Shinyaku Co.,Ltd.. (Attachments: #1 Text of Proposed Order)(Dudash, Amy)
July 15, 2021 Opinion or Order Filing 10 ORDER granting #1 Motion to Seal. Signed by Judge Maryellen Noreika on 07/15/2021. (apk)
July 15, 2021 Opinion or Order Remark: Case Submitted for Routine Judicial Assignment (apk)
July 14, 2021 Opinion or Order Filing 9 SUMMONS Returned Executed by Nippon Shinyaku Co.,Ltd.. Sarepta Therapeutics, Inc. served on 7/14/2021, answer due 8/4/2021. (Dudash, Amy)
July 13, 2021 Opinion or Order Filing 8 Summonses Issued (please complete the top portion of the form and print out for use/service). (apk)
July 13, 2021 Opinion or Order Filing 7 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Nippon Shinyaku Co.,Ltd. (apk)
July 13, 2021 Opinion or Order Filing 6 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s)(SEE PATENT REPORT). (apk)
July 13, 2021 Opinion or Order Filing 5 [SEALED] MEMORANDUM of Law in Support re #4 MOTION for Preliminary Injunction filed by Nippon Shinyaku Co.,Ltd. (apk) (Main Document 5 replaced on 7/26/2021) (ntl).
July 13, 2021 Opinion or Order Filing 4 [SEALED] MOTION for Preliminary Injunction - filed by Nippon Shinyaku Co.,Ltd. (Attachments: #1 Text of Proposed Order)(apk)
July 13, 2021 Opinion or Order Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk)
July 13, 2021 Opinion or Order Filing 2 [SEALED] COMPLAINT filed with Jury Demand against Sarepta Therapeutics, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number DEX035914.) - filed by Nippon Shinyaku Co.,Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Civil Cover Sheet)(apk)
July 13, 2021 Opinion or Order Filing 1 [SEALED] MOTION for Leave to File Complaint, Exhibits, Memorandum of Law in Support of Motion for Preliminary Injunction, and Motion to Seal Under Seal - filed by Nippon Shinyaku Co.,Ltd. (Attachments: #1 Text of Proposed Order)(apk)
July 13, 2021 Opinion or Order Remark: Exit Electronic Copies to Duty Judge (MN) (apk)

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Plaintiff: Nippon Shinyaku.,Ltd.
Represented By: Amy Michele Dudash
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Plaintiff: Nippon Shinyaku Co.,Ltd.
Represented By: Amy Michele Dudash
Represented By: Amanda S. Williamson
Represented By: Christopher J Betti
Represented By: Jitsuro Morishita
Represented By: Krista Vink Venegas
Represented By: Maria E. Doukas
Represented By: Michael T. Sikora
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Defendant: Sarepta Therapeutics, Inc.
Represented By: Jack B. Blumenfeld
Represented By: Megan Elizabeth Dellinger
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