Oracle Partners, L.P. v. Concentric Analgesics, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ORACLE PARTNERS, L.P., et al., Case No. 20-cv-03775-HSG

Plaintiffs, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

v. MOTION TO DISMISS

CONCENTRIC ANALGESICS, INC., et al., Re: Dkt. No. 70 Defendants.

Pending before the Court is the motion to dismiss filed by John Donovan, Frank J. Bellizzi, Jr. (collectively, “Individual Defendants”), and Concentric Analgesics, Inc. (“Concentric”). Dkt. Nos. 70 (“Mot.”), 42 (“Opp.”), 51 (“Reply”). For the following reasons, the Court GRANTS IN PART and DENIES IN PART Defendants’ motion to dismiss WITH LEAVE TO AMEND. I. BACKGROUND Concentric is a clinical-stage biopharmaceutical company “developing pain-relieving products, primarily for post-surgical uses, that are injected at the surgical site to provide long- lasting pain relief.” Compl. ¶¶ 19–20. Concentric’s “flagship pain product” is called “CA-008.” Id. at ¶ 21. “Concentric’s management team includes its Founder &…