Medica Scientia Innovation Research S.L. v. Puma Biotechnology, Inc.

I. INTRODUCTION & BACKGROUND

The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L-R. 7-15. Accordingly, the hearing date of June 7, 2021 is vacated and the matter is hereby taken under submission. Plaintiff Medica Scientia Innovation Research S.L (“MedSIR”) filed this action against defendants Puma Biotechnology, Inc. (“Puma”), and Does 1 through 10, alleging claims for: (1) quantum meruit; (2) promissory estoppel; and (3) common count for work and labor done. See Dkt. 1 (“Compl.”). MedSIR is a Spanish limited liability company that designs and manages international clinical trials in oncology. Id. 6. Puma is a Delaware biopharmaceutical company, with its principal place of business in California. Id. { 7. Puma in-licenses and commercializes drug products for cancer treatments, including a drug branded as “Nerlynx” for which the generic name is Nerantinib. Id. MedSIR alleges that in 2013, Puma engaged MedSIR to design and manage a Puma- sponsored study involving endocrine therapy with a combination of Neratinib and a drug called Trastuzumab, focused on patients with early stage I…