Capricor Sues Nippon Shinyaku Over Pricing Flaw
Written by Emily J. Thompson, Senior Investment Analyst
Updated: May 08 2026
0mins
Source: seekingalpha
- Lawsuit Reason: Capricor Therapeutics is suing Nippon Shinyaku due to a 'fundamental pricing flaw' in their 2022 agreement, resulting in an approximately 11% drop in stock price during Friday trading.
- Agreement Details: The agreement granted Nippon Shinyaku exclusive rights to commercialize and distribute Deramiocel (CAP-1002), a treatment for Duchenne muscular dystrophy in the U.S., with Capricor alleging inadequate preparation for the product's commercial launch.
- Legal Demands: Capricor seeks rescission of the U.S. Distribution Agreement and a declaratory judgment affirming its right to distribute Deramiocel directly or through other distributors, along with preliminary injunctive relief and other equitable remedies.
- FDA Progress: Capricor received a Complete Response Letter from the FDA in July 2025 addressing concerns regarding Deramiocel, with a new action date set for August 22, 2026, and if approved, the drug could become the first therapy targeting both skeletal and cardiac manifestations of Duchenne muscular dystrophy.
Trade with 70% Backtested Accuracy
Stop guessing "Should I Buy CAPR?" and start using high-conviction signals backed by rigorous historical data.
Sign up today to access powerful investing tools and make smarter, data-driven decisions.
Analyst Views on CAPR
Wall Street analysts forecast CAPR stock price to rise
7 Analyst Rating
7 Buy
0 Hold
0 Sell
Strong Buy
Current: 27.950
Low
45.00
Averages
51.57
High
60.00
Current: 27.950
Low
45.00
Averages
51.57
High
60.00
About CAPR
Capricor Therapeutics, Inc. is a biotechnology company developing transformative cell and exosome-based therapeutics for the treatment and prevention of rare diseases. The Company's program focuses on the development and commercialization of a cell therapy technology comprised of cardiosphere-derived cells (CDCs) for the treatment of Duchenne muscular dystrophy (DMD). Its lead product candidate, Deramiocel (also referred to as CAP-1002), is an allogeneic cardiac-derived cell therapy. The clinical development program for Deramiocel has focused primarily on adolescents and young adults with DMD, including many patients who are non-ambulatory and experiencing progressive cardiac and skeletal muscle decline. Its StealthX exosome platform program consists of engineered exosomes for vaccine and therapeutic development. The StealthX vaccine is a proprietary vaccine developed internally utilizing exosomes that were engineered to express either spike or nucleocapsid proteins on the surface.
About the author
Emily J. Thompson
Emily J. Thompson, a Chartered Financial Analyst (CFA) with 12 years in investment research, graduated with honors from the Wharton School. Specializing in industrial and technology stocks, she provides in-depth analysis for Intellectia’s earnings and market brief reports.
Caprock Mining Closes $600,000 Financing Through Flow-Through Shares
- Successful Financing: Caprock Mining Corp. has closed a non-brokered private placement of 6 million flow-through shares at $0.10 each, raising a total of $600,000, which will provide essential funding for the company's exploration projects.
- Clear Use of Proceeds: The funds raised will be allocated to eligible Canadian exploration expenses as defined under the Income Tax Act, specifically related to the Destiny gold project near Val d'Or, Québec, which is expected to drive further development of the project.
- Share Transfer Restrictions: The issued flow-through shares are subject to a four-month hold period expiring on October 20, 2026, ensuring stability post-financing and protecting investor interests.
- Significant Project Potential: The Destiny project is located within the Abitibi greenstone belt, comprising 127 mineral claims over an area of over 5,000 hectares, and has a published NI 43-101 compliant mineral resource estimate, highlighting its strategic value for future gold mining development.
See More
FDA Reversal Sparks Biotech Comeback for UniQure and Peers
- FDA Policy Reversal: The FDA's decision to reconsider UniQure's gene therapy candidate AMT-130, with plans to submit a U.S. marketing application in Q3 2026, signifies a potential accelerated approval for Huntington's disease treatment, which could create substantial market opportunities for the company.
- Regenxbio Stock Surge: Following the FDA announcement, Regenxbio's shares surged approximately 23%, positively impacting the future prospects of its gene therapy candidate RGX-121, despite the drug facing FDA rejection in February.
- Replimune's Recovery: Replimune's stock rose about 13%, as the company reached an agreement with the FDA to resubmit its Biologics License Application for RP1, aimed at providing a new treatment option for melanoma patients, demonstrating resilience in the face of adversity.
- Capricor's Continued Growth: Capricor Therapeutics saw its shares increase by around 8%, following the FDA's decision to review its previously rejected candidate Deramiocel for Duchenne muscular dystrophy, resulting in over a 130% rise in stock price over the past year, reflecting increased market confidence in its products.
See More
Capricor Sues Nippon Shinyaku Over DMD Therapy Distribution
- Legal Dispute Overview: In May, Capricor filed a lawsuit against Nippon Shinyaku and its U.S. subsidiary NS Pharma over the distribution agreement for its DMD therapy Deramiocel, claiming that the current pricing structure could limit patient access through Medicare, Medicaid, and private insurance.
- Patient Access Challenges: Capricor highlighted that the existing agreement could lead to financial losses for hospitals and treatment centers administering the therapy, and despite attempts to resolve the issue with NS Pharma, no agreement was reached.
- FDA Review Progress: The PDUFA date for Deramiocel is set for August 22, 2026, with the FDA having resumed review of its Biologics License Application, indicating potential market approval to address the needs of approximately 15,000 DMD patients in the U.S.
- Market Sentiment Analysis: Retail sentiment around CAPR on Stocktwits trended bullish over the past 24 hours, accompanied by high message volumes, as investors focused on the potential impact of launching the drug independently, despite the stock shedding over 7% of its value this year.
See More
Capricor Therapeutics to Participate in Upcoming Investor Conferences
- Investor Conference Schedule: Capricor Therapeutics will participate in the Goldman Sachs 47th Annual Global Healthcare Conference on June 10, engaging in investor meetings and a fireside chat to showcase its innovative therapies for rare diseases.
- Product Development Progress: The company's lead product candidate, Deramiocel, is in late-stage development for Duchenne muscular dystrophy (DMD), with clinical studies demonstrating its ability to effectively preserve cardiac and skeletal muscle function, which is expected to positively impact patients' quality of life.
- Platform Innovation: Capricor is advancing its proprietary StealthX™ exosome platform aimed at the targeted delivery of oligonucleotides, proteins, and small-molecule therapeutics, expanding its treatment range and enhancing its competitive position in the market.
- Future Outlook: Committed to delivering new therapies for patients with rare diseases, Capricor plans to continue clinical trials and regulatory filings to achieve product commercialization, driving long-term growth for the company.
See More
Capricor Therapeutics Q1 2026 Earnings Call Insights
- FDA Review Progress: Capricor's Biologics License Application (BLA) is under active review by the FDA with a target action date of August 22, 2026, and despite the ongoing lawsuit from NS Pharma, management remains optimistic about the review process.
- Clinical Trial Results: The HOPE-3 trial demonstrated a 54% reduction in disease severity after 12 months of treatment, with significant improvements in cardiac function, indicating deramiocel's potential impact on future product labeling.
- Financial Position: As of March 31, 2026, Capricor reported approximately $279 million in cash and marketable securities, and while no revenue was recognized in Q1, management believes current capital is sufficient to fund operations through Q4 2027.
- Commercial Strategy Shift: Management emphasized a pivot towards independent commercialization of deramiocel, having secured a Chief Commercial Officer and planning to begin stockpiling commercial doses once FDA guidance is received, reflecting a proactive approach to future market opportunities.
See More
Capricor Therapeutics to Announce Q1 Earnings on May 12
- Earnings Announcement: Capricor Therapeutics (CAPR) is set to announce its Q1 2023 earnings on May 12 after market close, with a consensus EPS estimate of -$0.54, reflecting a 1.9% year-over-year decline, indicating challenges in profitability.
- Performance Expectations: Despite a projected revenue of $0, CAPR has consistently beaten EPS and revenue estimates 100% of the time over the past year, showcasing the company's ability in managing market expectations effectively.
- Estimate Revision Dynamics: Over the last three months, EPS estimates have seen one upward revision and two downward adjustments, reflecting analysts' differing views on the company's future profitability, which could impact investor confidence.
- Legal Challenges: Capricor's stock has dropped following a lawsuit filed against Nippon Shinyaku, highlighting potential legal risks that may negatively affect its market performance.
See More
Caprock Mining Closes $600,000 Financing Through Flow-Through Shares
- Successful Financing: Caprock Mining Corp. has closed a non-brokered private placement of 6 million flow-through shares at $0.10 each, raising a total of $600,000, which will provide essential funding for the company's exploration projects.
- Clear Use of Proceeds: The funds raised will be allocated to eligible Canadian exploration expenses as defined under the Income Tax Act, specifically related to the Destiny gold project near Val d'Or, Québec, which is expected to drive further development of the project.
- Share Transfer Restrictions: The issued flow-through shares are subject to a four-month hold period expiring on October 20, 2026, ensuring stability post-financing and protecting investor interests.
- Significant Project Potential: The Destiny project is located within the Abitibi greenstone belt, comprising 127 mineral claims over an area of over 5,000 hectares, and has a published NI 43-101 compliant mineral resource estimate, highlighting its strategic value for future gold mining development.
See More
FDA Reversal Sparks Biotech Comeback for UniQure and Peers
- FDA Policy Reversal: The FDA's decision to reconsider UniQure's gene therapy candidate AMT-130, with plans to submit a U.S. marketing application in Q3 2026, signifies a potential accelerated approval for Huntington's disease treatment, which could create substantial market opportunities for the company.
- Regenxbio Stock Surge: Following the FDA announcement, Regenxbio's shares surged approximately 23%, positively impacting the future prospects of its gene therapy candidate RGX-121, despite the drug facing FDA rejection in February.
- Replimune's Recovery: Replimune's stock rose about 13%, as the company reached an agreement with the FDA to resubmit its Biologics License Application for RP1, aimed at providing a new treatment option for melanoma patients, demonstrating resilience in the face of adversity.
- Capricor's Continued Growth: Capricor Therapeutics saw its shares increase by around 8%, following the FDA's decision to review its previously rejected candidate Deramiocel for Duchenne muscular dystrophy, resulting in over a 130% rise in stock price over the past year, reflecting increased market confidence in its products.
See More
Capricor Sues Nippon Shinyaku Over DMD Therapy Distribution
- Legal Dispute Overview: In May, Capricor filed a lawsuit against Nippon Shinyaku and its U.S. subsidiary NS Pharma over the distribution agreement for its DMD therapy Deramiocel, claiming that the current pricing structure could limit patient access through Medicare, Medicaid, and private insurance.
- Patient Access Challenges: Capricor highlighted that the existing agreement could lead to financial losses for hospitals and treatment centers administering the therapy, and despite attempts to resolve the issue with NS Pharma, no agreement was reached.
- FDA Review Progress: The PDUFA date for Deramiocel is set for August 22, 2026, with the FDA having resumed review of its Biologics License Application, indicating potential market approval to address the needs of approximately 15,000 DMD patients in the U.S.
- Market Sentiment Analysis: Retail sentiment around CAPR on Stocktwits trended bullish over the past 24 hours, accompanied by high message volumes, as investors focused on the potential impact of launching the drug independently, despite the stock shedding over 7% of its value this year.
See More
Capricor Therapeutics to Participate in Upcoming Investor Conferences
- Investor Conference Schedule: Capricor Therapeutics will participate in the Goldman Sachs 47th Annual Global Healthcare Conference on June 10, engaging in investor meetings and a fireside chat to showcase its innovative therapies for rare diseases.
- Product Development Progress: The company's lead product candidate, Deramiocel, is in late-stage development for Duchenne muscular dystrophy (DMD), with clinical studies demonstrating its ability to effectively preserve cardiac and skeletal muscle function, which is expected to positively impact patients' quality of life.
- Platform Innovation: Capricor is advancing its proprietary StealthX™ exosome platform aimed at the targeted delivery of oligonucleotides, proteins, and small-molecule therapeutics, expanding its treatment range and enhancing its competitive position in the market.
- Future Outlook: Committed to delivering new therapies for patients with rare diseases, Capricor plans to continue clinical trials and regulatory filings to achieve product commercialization, driving long-term growth for the company.
See More
Capricor Therapeutics Q1 2026 Earnings Call Insights
- FDA Review Progress: Capricor's Biologics License Application (BLA) is under active review by the FDA with a target action date of August 22, 2026, and despite the ongoing lawsuit from NS Pharma, management remains optimistic about the review process.
- Clinical Trial Results: The HOPE-3 trial demonstrated a 54% reduction in disease severity after 12 months of treatment, with significant improvements in cardiac function, indicating deramiocel's potential impact on future product labeling.
- Financial Position: As of March 31, 2026, Capricor reported approximately $279 million in cash and marketable securities, and while no revenue was recognized in Q1, management believes current capital is sufficient to fund operations through Q4 2027.
- Commercial Strategy Shift: Management emphasized a pivot towards independent commercialization of deramiocel, having secured a Chief Commercial Officer and planning to begin stockpiling commercial doses once FDA guidance is received, reflecting a proactive approach to future market opportunities.
See More
Capricor Therapeutics to Announce Q1 Earnings on May 12
- Earnings Announcement: Capricor Therapeutics (CAPR) is set to announce its Q1 2023 earnings on May 12 after market close, with a consensus EPS estimate of -$0.54, reflecting a 1.9% year-over-year decline, indicating challenges in profitability.
- Performance Expectations: Despite a projected revenue of $0, CAPR has consistently beaten EPS and revenue estimates 100% of the time over the past year, showcasing the company's ability in managing market expectations effectively.
- Estimate Revision Dynamics: Over the last three months, EPS estimates have seen one upward revision and two downward adjustments, reflecting analysts' differing views on the company's future profitability, which could impact investor confidence.
- Legal Challenges: Capricor's stock has dropped following a lawsuit filed against Nippon Shinyaku, highlighting potential legal risks that may negatively affect its market performance.
See More
