Monster Energy Company v. Vital Pharmaceuticals, Inc.

I. BACKGROUND

The parties are familiar with the extensive procedural and factual history of this case; the Court relates only the background necessary to understand the Motion.

On September 4, 2018, Monster initiated this action against Defendants Vital Pharmaceuticals, Inc. (“VPX”) and John H. Owoc (“Owoc”) (collectively, “Defendants”). (“Complaint,” Dkt. No. 1.) On April 3, 2019, Monster filed a first amended complaint. (“FAC,” Dkt. No. 61.) On May 20, 2019, the Court granted in part Defendants’ motion to dismiss the FAC and dismissed Claim 4 and Claims 7 through 9. (“MTD Order,” Dkt. No. 95.) On April 19, 2022, the Court (1) denied Monster’s partial motion for summary judgment on its Lanham Act claim; (2) granted in part VPX’s motion for summary judgment on the Lanham Act claim but only with respect to false statements about the ’466 Patent, granted VPX’s motion on Monster’s intentional interference of prospective economic advantage claim, and denied VPX’s motion on all other claims; and (3) granted Mr. Owoc’s motion for summary judgment on Monster’s claims for intentional interference of prospective economic advantage, and claims under the California Uniform Trade…