Vetstem Biopharma, Inc. v. California Stem Cell Treatment Center, Inc.

I. BACKGROUND

The Court incorporates the background section set forth in the R&R by reference as if fully set forth herein. R&R at 4-16.

CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk CB

II. ANALYSIS

a. CSCTC’s Objections to Factual Finding Regarding the Number of Accused Procedures

CSCTC argues that the R&R errs in concluding that “CSCTC may have performed as many as 8,400 Accused Procedures.” Obj. at 16.

First, CSCTC argues that the R&R’s finding that it is reasonable to infer that CSCTC performed over 15,000 stem cell procedures is incorrect. Id. The R&R based its finding, in part, on CSCTC’s website, which states, “[o]ver 15,000+ stem cell procedures & outcomes backed by patient reported data.” R&R at 26–27 (quoting Dkt. No. 189-4.) CSCTC argues the statement does not actually demonstrate that CSCTC itself performed those 15,000 procedures. Obj. at 16. Rather, CSCTC shifts the blame to Cell Surgical Network (“CSN”). Id. CSCTC makes this argument even though the statement appears on CSCTC’s website and makes no reference to CSN. See Screenshots from CSCTC’s Website, Dkt. 189-4. Moreover, the R&R did not base this…