Nippon Shinyaku Co., Ltd. v. Sarepta Therapeutics, Inc., No. 21-2369 (Fed. Cir. Feb. 8, 2022)

From the Opinion

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Nippon Shinyaku Co., Ltd. (“Nippon Shinyaku”) ap- peals from the decision of the United States District Court for the District of Delaware denying its motion for a pre- liminary injunction. See Nippon Shinyaku Co.v. Sarepta Therapeutics, Inc., No. 21 -cv-1015, 2021 WL 4989489 (D. Del. Oct. 25, 2021) (“Dec ision”); see also J.A. 5–6. For the reasons provided below, we reverse the decision of the dis- trict court, and remand for entry of a preliminary injunc- tion. B ACKGROUND I.