Nippon Shinyaku Co., Ltd., et al. v. Sarepta Therapeutics, Inc., et al.

Analysis Group was retained by Finnegan, Henderson, Farabow, Garrett & Dunner and by Latham & Watkins on behalf of Sarepta Therapeutics, the defendant and counterclaim plaintiff, in a lawsuit brought by Nippon Shinyaku. The two companies manufacture competing Duchenne muscular dystrophy therapies, and accused each other of patent infringement violations.

An Analysis Group team led by Manager Gregory Weiss supported Managing Principal John Jarosz, who submitted expert reports and testified at deposition and trial about the appropriate form and amount of damages for the infringement claims. 

A jury in the US District Court for the District of Delaware found Nippon Shinyaku’s patent to be invalid but Sarepta’s patent to not be invalid. The parties stipulated as to infringement. The jury awarded more than $115 million in lost profits to Sarepta.