Genfit S. A. v. CymaBay Therapeutics

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 GENFIT S.A., Case No. 21-cv-00395-MMC

Plaintiff, ORDER GRANTING DEFENDANT'S

MOTION TO DISMISS; DENYING AS

v. MOOT PLAINTIFF’S OBJECTION TO

REPLY EVIDENCE AND

CYMABAY THERAPEUTICS, INC., DEFENDANT’S MOTION TO STRIKE

PLAINTIFF’S OBJECTION TO REPLY

Defendant. EVIDENCE; CONTINUING CASE

MANAGEMENT CONFERENCE

13 Before the Court is defendant CymaBay Therapeutics, Inc.’s (“CymaBay”) motion, filed June 4, 2021, to dismiss plaintiff GENFIT S.A.’s (“GENFIT”) First Amended Complaint (“FAC”), pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. GENFIT has filed opposition, to which CymaBay has replied, after which, with leave of Court, GENFIT filed a sur-reply. Having read and considered the papers filed in support of and in opposition to the motion, the Court rules as follows.1 1. The First and Second Causes of Action, titled, respectively, “Violation of the Defend…