Pacira BioSciences Comments on Ruling on EXPAREL Patent Litigation from U.S. District Court for the District of New Jersey
August 09 2024 - 2:21PM
Pacira BioSciences, Inc. (Nasdaq: PCRX), the industry leader in its
commitment to non-opioid pain management and regenerative health
solutions, today announced that the U.S. District Court for the
District of New Jersey has found that the company’s U.S. Patent No.
11,033,495 (the ‘495 patent) is not valid.
“We remain steadfast in our belief in the strength
and validity of our intellectual property and that eVenus is
infringing upon our patents,” said Frank D. Lee, chief executive
officer of Pacira BioSciences. “In light of the Court’s decision,
we are considering our legal options, which include pursuing an
appellate review at the U.S. Court of Appeals for the Federal Court
as warranted.”
“We firmly believe we have built a strong portfolio
of intellectual property and that the EXPAREL franchise is well
protected on multiple levels. Three separate infringement suits are
underway, and we have additional patents that are forthcoming,”
added Mr. Lee.
About Pacira
Pacira BioSciences, Inc. (Nasdaq: PCRX) is
committed to providing non-opioid pain management options to as
many patients as possible to redefine the role of opioids as rescue
therapy only. Pacira has three commercial-stage non-opioid
treatments: EXPAREL® (bupivacaine liposome injectable suspension),
a long-acting local analgesic currently approved for infiltration,
fascial plane block, and as an interscalene brachial plexus nerve
block for postsurgical pain management; ZILRETTA® (triamcinolone
acetonide extended-release injectable suspension), an
extended-release, intra-articular injection indicated for the
management of osteoarthritis knee pain; and ioveraº®, a novel,
handheld device for delivering immediate, long-acting, drug-free
pain control using precise, controlled doses of cold temperature to
a targeted nerve. To learn more about Pacira, including the
corporate mission to reduce overreliance on opioids, visit
www.pacira.com.
Forward-Looking Statements
Any statements in this press release about Pacira’s
future expectations, plans, trends, outlook, projections and
prospects, and other statements containing the words “anticipate,”
“believe,” “can,” “could,” “estimate,” “expect,” “intend,” “may,”
“plan,” “project,” “should,” “will,” “would,” and similar
expressions, constitute forward-looking statements within the
meaning of Section 21E of the Securities Exchange Act of 1934, as
amended (the “Exchange Act”), and the Private Securities Litigation
Reform Act of 1995, including, without limitation, statements
related to our intellectual property, our growth and future
operating results and trends, our strategy, plans, objectives,
expectations (financial or otherwise) and intentions, future
financial results and growth potential, including our plans with
respect to the repayment of our indebtedness, anticipated product
portfolio, development programs, patent terms, development of
products, strategic alliances, plans with respect to the
Non-Opioids Prevent Addiction in the Nation (“NOPAIN”) Act and
other statements that are not historical facts. For this purpose,
any statement that is not a statement of historical fact should be
considered a forward-looking statement. We cannot assure you that
our estimates, assumptions and expectations will prove to have been
correct. Actual results may differ materially from those indicated
by such forward-looking statements as a result of various important
factors, including risks relating to, among others: the integration
of our new chief executive officer; risks associated with
acquisitions, such as the risk that the acquired businesses will
not be integrated successfully, that such integration may be more
difficult, time-consuming or costly than expected or that the
expected benefits of the transaction will not occur; our
manufacturing and supply chain, global and U.S. economic conditions
(including inflation and rising interest rates), and our business,
including our revenues, financial condition, cash flow and results
of operations; the success of our sales and manufacturing efforts
in support of the commercialization of EXPAREL, ZILRETTA and
iovera°; the rate and degree of market acceptance of EXPAREL,
ZILRETTA and iovera°; the size and growth of the potential markets
for EXPAREL, ZILRETTA and iovera° and our ability to serve those
markets; our plans to expand the use of EXPAREL, ZILRETTA and
iovera° to additional indications and opportunities, and the timing
and success of any related clinical trials for EXPAREL, ZILRETTA
and iovera°; the commercial success of EXPAREL, ZILRETTA and
iovera°; the related timing and success of U.S. Food and Drug
Administration supplemental New Drug Applications and premarket
notification 510(k)s; the related timing and success of European
Medicines Agency Marketing Authorization Applications; our plans to
evaluate, develop and pursue additional product candidates
utilizing our proprietary multivesicular liposome (“pMVL”) drug
delivery technology; the approval of the commercialization of our
products in other jurisdictions; clinical trials in support of an
existing or potential pMVL-based product; our commercialization and
marketing capabilities; our ability to successfully complete
capital projects; the outcome of any litigation; the ability to
successfully integrate any future acquisitions into our existing
business; the recoverability of our deferred tax assets;
assumptions associated with contingent consideration payments; the
anticipated funding or benefits of our share repurchase program;
and factors discussed in the “Risk Factors” of our most recent
Annual Report on Form 10-K and in other filings that we
periodically make with the Securities and Exchange Commission (the
“SEC”). In addition, the forward-looking statements included in
this press release represent our views as of the date of this press
release. Important factors could cause actual results to differ
materially from those indicated or implied by forward-looking
statements, and as such we anticipate that subsequent events and
developments will cause our views to change. Except as required by
applicable law, we undertake no intention or obligation to update
or revise any forward-looking statements, whether as a result of
new information, future events or otherwise, and readers should not
rely on these forward-looking statements as representing our views
as of any date subsequent to the date of this press release.
Investor Contact:
Susan Mesco, (973) 451-4030
susan.mesco@pacira.com
Media Contact:
Amber Sears, (973) 254-3587
amber.sears@pacira.com
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