Genfit S. A. v. CymaBay Therapeutics
Opinion
Trial Court Opinion
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 MOTION TO
v. DISMISS SECOND AMENDED
COMPLAINT
CYMABAY THERAPEUTICS INC., Defendant.
12 Before the Court is defendant CymaBay Therapeutics Inc.’s (“CymaBay”) motion, filed November 8, 2021, to dismiss plaintiff GENFIT S.A.’s (“GENFIT”) Second Amended Complaint (“SAC”), pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. GENFIT has filed opposition, to which CymaBay has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court rules as follows.1 BACKGROUND2 GENFIT is a “late-stage clinical biopharmaceutical company” engaged in developing treatments for patients suffering from primary biliary cholangitis (“PBC”), a “liver-related” disease for which there is currently no cure. (See SAC ¶¶ 19, 22-23.) Clinical trials, which “involve the administration of…