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NIPPON SHINYAKU CO., LTD. v. SAREPTA THERAPEUTICS

2021-2369.

25 F.4th 998 (2022)

NIPPON SHINYAKU CO., LTD., Plaintiff-Appellant v. SAREPTA THERAPEUTICS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: February 8, 2022.

Attorney(s) appearing for the Case

William R. Peterson , Morgan, Lewis & Bockius LLP, Houston, TX, argued for plaintiff-appellant. Also represented by Christopher John Betti , Maria Doukas , Krista Vink Venegas , Amanda Scott Williamson , Chicago, IL; Amy M. Dudash , Wilmington, DE.

Michael J. Flibbert , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for defendant-appellee. Also represented by Aaron Gleaton Clay ; Charles E. Lipsey , J. Derek Mccorquindale , Reston, VA; Alissa Keely Lipton , Boston, MA.

Before Newman, Lourie, and Stoll, Circuit Judges.

Nippon Shinyaku Co., Ltd. ("Nippon Shinyaku") appeals from the decision of the United States District Court for the District of Delaware denying its motion for a preliminary injunction. See Nippon Shinyaku Co.v. Sarepta Therapeutics, Inc., No. 21-cv-1015, 2021 WL 4989489 (D. Del. Oct. 25, 2021) ("Decision"); see also

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