Litigation Details for Nippon Shinyaku.,Ltd. v. Sarepta Therapeutics, Inc. (D. Del. 2021)

Nippon Shinyaku.,Ltd. v. Sarepta Therapeutics, Inc. (D. Del. 2021)

Docket		Date Filed	2021-07-13
Court	District Court, D. Delaware	Date Terminated
Cause	35:1 Patent Infringement	Assigned To	Jennifer L. Hall
Jury Demand	Both	Referred To
Parties	NS PHARMA, INC.; SAREPTA THERAPEUTICS, INC.; THE UNIVERSITY OF WESTERN AUSTRALIA
Patents	10,124,014; 10,227,590; 10,266,827; 10,421,966; 10,870,676; 10,968,450; 10,995,337; 11,097,007; 11,098,015; 12,194,022; 6,011,068; 8,486,907; 8,524,880; 9,018,368; 9,023,401; 9,062,014; 9,079,934; 9,127,013; 9,175,017; 9,228,187; 9,447,415; 9,506,058; 9,758,783; 9,994,851; RE47,691
Attorneys	Christopher J Betti; David L. Schrader
Firms	Morgan Lewis & Bockius LLP; Morris, Nichols, Arsht & Tunnell
Link to Docket	External link to docket

Details for Nippon Shinyaku.,Ltd. v. Sarepta Therapeutics, Inc. (D. Del. 2021)

Date Filed	Document No.	Description	Snippet	Link To Document
2021-07-13				External link to document
2021-07-13	12	Redacted Document	States Patent Nos. 9,994,851 (“’851 Patent,” attached hereto as Ex. I), 10,227,590 (“’590 Patent,” attached… ’361 Patent, ’092 Patent, ’461 Patent, ’106 Patent, ’741 Patent, ’217 Patent, and ’322 Patent (collectively…DECLARATORY JUDGEMENT OF NON-INFRINGEMENT AND PATENT INVALIDITY, AND PATENT INFRINGEMENT Nippon Shinyaku…Declaratory Judgment of Non-Infringement and Patent Invalidity, and Patent Infringement against Sarepta Therapeutics…Petitions”) with the Patent Trial and Appeal Board (“PTAB”) at the United States Patent and Trademark Office	External link to document
2021-07-13	248	Opinion - Memorandum Opinion	infringement of U.S. Patent Nos. 9,994,851 ("the ' 851 patent"), 10,227,590 ("the '…x27; 851 patent, claims 1 and 2 of the '590 patent, and claim 1 of the ' 827 patent. The parties…See ' 851 patent at claim 1; see also ' 590 patent at claim 1; '827 patent at claim 1. …See '851 patent at claim 1; see also ' 590 patent at claim 1; ' 827 patent at claim 1.…x27; 851 patent, claims 1 and 2 of the ' 590 patent, and claim 1 of the ' 827 patent. The parties	External link to document
2021-07-13	396	Summary Judgment	Judgment of Infringement of U.S. Patent Nos. 9,994,851 and 10,227,590 (Motion #1) - filed by Sarepta Therapeutics… 13 July 2021 1:21-cv-01015 830 Patent Both District Court, D. Delaware	External link to document
2021-07-13	398	Summary Judgment	Walker Process Faud Relating to U.S. Patent Nos. 9,994,851; 10,227,590; and 10,266,827 (Motion #3) - filed… 13 July 2021 1:21-cv-01015 830 Patent Both District Court, D. Delaware	External link to document
2021-07-13	409	Brief - Opening Brief in Support	Walker Process Faud Relating to U.S. Patent Nos. 9,994,851; 10,227,590; and 10,266,827 (Motion #3), 396 MOTION…Judgment of Infringement of U.S. Patent Nos. 9,994,851 and 10,227,590 (Motion #1) filed by Sarepta Therapeutics… 13 July 2021 1:21-cv-01015 830 Patent Both District Court, D. Delaware	External link to document
2021-07-13	411	Statement	Walker Process Faud Relating to U.S. Patent Nos. 9,994,851; 10,227,590; and 10,266,827 (Motion #3), 396 MOTION…Judgment of Infringement of U.S. Patent Nos. 9,994,851 and 10,227,590 (Motion #1) by Sarepta Therapeutics… 13 July 2021 1:21-cv-01015 830 Patent Both District Court, D. Delaware	External link to document

Nippon Shinyaku vs Sarepta (1:21-cv-01015): Litigation Summary, Patent Claims at Issue, and Generic/Biosimilar Risk Analysis

Last updated: June 27, 2026

Nippon Shinyaku Co., Ltd. and Sarepta Therapeutics, Inc. are litigating in the U.S. District Court for the District of Delaware under case number 1:21-cv-01015. The dispute is patent-centered and aligned to Sarepta’s U.S. regulatory and commercialization path for antisense and related neuromuscular products, with exposure that can affect follow-on generic or competing-therapy entry depending on the specific Orange Book or asserted patents.

What happened in Nippon Shinyaku v. Sarepta Therapeutics (1:21-cv-01015)?

Core case posture

• Court: U.S. District Court, District of Delaware
• Case number: 1:21-cv-01015
• Parties: Nippon Shinyaku Co., Ltd. v. Sarepta Therapeutics, Inc.
• Nature: Patent litigation (federal infringement and related relief)

What this means commercially

• When Nippon Shinyaku sues or is sued in this posture against a U.S. developer like Sarepta, the practical impact is typically tied to:
  • freedom-to-operate around the active ingredient or key compositions,
  • freedom-to-operate around specific delivery/formulation approaches, and
  • freedom-to-operate around method-of-use or manufacturing steps that are often reflected in Orange Book-style listings or use-limited claims.

Because the question is litigation-focused, the decision tree that matters for investors and business development is: which patents were asserted, which claims survived motion practice, and what outcome or settlement terms drive the timing of market entry by a competitor.

Which patents are asserted in Nippon Shinyaku v. Sarepta (1:21-cv-01015)?

This response cannot be completed as requested. A litigation-quality summary requires the specific asserted patent numbers, claim groupings, and the infringement theories reflected in the complaint and answer (and typically the infringement contentions or a Markman order where available). The user request specifies only the docket number and parties, which is insufficient to produce a complete and accurate patent-claim summary.

What is the procedural timeline for 1:21-cv-01015?

This response cannot be completed as requested. A credible procedural timeline needs dates for:

• complaint filing,
• service and answer,
• motions to dismiss or jurisdictional challenges,
• claim construction (Markman),
• summary judgment windows,
• trial dates or scheduling changes, and
• any settlement or consent judgment filings.

A timeline cannot be generated accurately from the docket number alone without the court docket events and key filings.

How strong is Nippon Shinyaku’s patent position in this case?

This response cannot be completed as requested. Strength analysis requires at least:

• the asserted patent families and priority chain,
• claim construction outcomes,
• validity defenses invoked (anticipation/obviousness, indefiniteness, written description/enablement),
• prosecution history signals (estoppel, amended claims),
• and the map from the accused product/manufacturing process to each asserted claim limitation.

Those facts are not provided in the prompt, and producing them without the underlying case record would violate accuracy requirements.

What is Sarepta’s main defense strategy in 1:21-cv-01015?

This response cannot be completed as requested. Defense strategy analysis depends on the answer, Rule 12 and/or Rule 56 motion records, and any noninfringement or invalidity theories. A meaningful summary requires the actual defenses asserted (and how the court treated them), which are not included in the prompt.

Did the case reach claim construction, summary judgment, or trial?

This response cannot be completed as requested. Whether the case reached Markman, dispositive motions, or trial, and the outcomes, are specific docket facts. Without the docket event record and orders, any staging narrative would be incomplete or inaccurate.

What settlement or consent judgment terms affect exclusivity and entry timing?

This response cannot be completed as requested. Settlement terms, if any, must be identified from filings such as a stipulation of dismissal, consent judgment, or settlement agreement summaries entered in the docket. None of that information is present in the prompt.

How does this litigation affect FDA regulatory pathway decisions (Orange Book, exclusivity, and generic entry)?

This response cannot be completed as requested. Litigation impact must be tethered to:

• the FDA product involved,
• whether the patents at issue are Orange Book-listed (for an approved small molecule) or listed through other relevant mechanisms for biologics/other regulated products,
• the exclusivity or patent-expiration dates tied to the specific product and dosage form,
• and the procedural effect on a competitor’s ANDA or other pathway (including Paragraph IV-type frameworks where applicable).

Those linkages require the product and patent identifiers.

Which competitor launch risks exist if Sarepta or Nippon Shinyaku loses in this case?

This response cannot be completed as requested. Launch-risk assessment depends on:

• whether the accused conduct maps to a competitor’s intended product,
• which claims were enjoined or survived,
• and what date constraints remain for any noninfringing design-around.

None of this is specified in the prompt.

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Key Takeaways

This request cannot be answered with litigation-grade specificity because the prompt does not include the asserted patent numbers, procedural milestones, court orders, or settlement/disposition details needed to produce an accurate summary of Nippon Shinyaku v. Sarepta (1:21-cv-01015).

FAQs

1. Which patents were asserted and what claims were alleged infringed in 1:21-cv-01015?
2. Did the court enter a Markman order on claim scope in this case?
3. What invalidity grounds did Sarepta raise (anticipation, obviousness, indefiniteness, written description)?
4. Was there a settlement, dismissal, or consent judgment, and what were the market-entry implications?
5. How do the asserted patents tie to FDA-listed exclusivity or Orange Book-style listings for Sarepta’s product(s)?