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Sarepta Therapeutics Inc.
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Order | Filed: May 08, 2024 | Entered: May 08, 2024 Nippon Shinyaku.,Ltd. v. Sarepta Therapeutics, Inc.
Patent | Delaware
Order 1 - Terminate Deadlines and Hearings
ORAL ORDER: Having had an opportunity to further review the record pertaining to the parties' claim construction dispute about whether claim 1 of the '851 patent requires 100% complementarity throughout the entire length of the antisense oligonucleotide (including but not limited to the record associated with the Markman proceedings and the parties' arguments at the pretrial conference), the Court is persuaded that the construction should be clarified and/or amended to make clear that the claim requires 100% complementarity to consecutive bases of a target region of exon 53 throughout the entire length of the antisense oligonucleotide. See Level Sleep LLC v. Sleep No. Corp., No. 2020-1718, 2021 WL 2934816, at *3 (Fed. Cir. July 13, 2021) (explaining that district courts can revisit claim construction as the case progresses). The Court may in the future issue a memorandum that fully explains its reasoning; however, in view of NS's representation that it is "not in a position to proceed to trial" on the '851 patent under the current circumstances (see D.I. 569 at 3), as well as the Court's conclusion that both sides' patents should be tried together, IT IS HEREBY ORDERED that the trial on the substantive patent issues is CONTINUED. The parties shall be prepared to discuss the following issues at the teleconference scheduled for May 9, 2024: whether the Court should proceed with a bench trial next week on NS's breach of contract claim; whether there is any reason why the Court shouldn't order the decision-makers for the parties to meet in person in the Court's conference room next week--either before or after the bench trial on the contract claim--to discuss settlement; and whether the parties could be ready to try the case to the jury the week of August 12, 2024. Ordered by Judge Jennifer L. Hall on 5/8/2024. (ceg)
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Misc | Filed: May 08, 2024 | Entered: May 08, 2024 Nippon Shinyaku.,Ltd. v. Sarepta Therapeutics, Inc.
Patent | Delaware
Letter
[SEALED] Letter to The Honorable Jennifer L. Hall from Megan E. Dellinger regarding Response to Nippon's Letter Brief (D.I. 568) - re 568 Letter,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Dellinger, Megan)
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Misc | Filed: May 08, 2024 | Entered: May 08, 2024 Nippon Shinyaku.,Ltd. v. Sarepta Therapeutics, Inc.
Patent | Delaware
Letter
Letter to The Honorable Jennifer L. Hall from Megan E. Dellinger regarding Response to Order (D.I. 566) and Nippon's May 7, 2024 Letter (D.I. 569) - re 566 Order Setting Teleconference, 569 Letter. (Dellinger, Megan)
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