Pacira BioSciences, Inc. v. Ventis Pharma, Inc.

I. BACKGROUND

Plaintiff and Ventis are pharmaceutical companies that focus on non-opioid pain management products. (D.I. 1 §§§ 5—6; D.I. 28 at 3). Plaintiff manufactures EXPAREL, which it calls “the first long-lasting non-opioid drug approved by the FDA to reduce post-surgical pain.” (D.I. 1 § 6). Ventis has developed Enduracaine, which it calls “a non-opioid and preservative- free local anesthetic compound product.” (D.I. 28 at 3). Ventis is also a “logistics

' The parties have filed various other motions. Ventis filed a motion to dismiss (D.I. 22), Plaintiff filed a motion for a preliminary injunction (D.I. 13), and Ventis filed a motion for sanctions (D.I. 60). * Citations to the transcript of the argument, which is not yet docketed, are in the format “Hearing Tr. at.”

administrator” for Nubratori, an outsourcing facility that manufactures the drug Endura-KT. (Id.). Plaintiff filed its Complaint on November 1, 2023, alleging that Ventis and InfuSystem Holdings violated the Lanham Act by making false and misleading advertisements. (D.I. 1 □ 108-18). On January 26, 2024, Plaintiff and InfuSystem Holdings entered into a stipulated final judgment, which is “a…