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Allegations
According to the complaint, on August 9, 2024, Pacira issued a press release announcing the results of its lawsuit against eVenus for patent infringement. Pacira disclosed that the court “found that the company’s U.S. Patent No. 11,033,495 (the ‘495 patent) is not valid,” and, thus, eVenus is not infringing on anything. Pacira’s ‘495 patent is for Exparel, which is the main source of growth for the Company, encapsulating roughly 80% of its revenue. Analysts have noted that the invalidity of the ‘495 patent calls into question the validity of the Company’s other patents, potentially resulting in more generic entrants into the market and increased litigation expenses moving forward.
Following this news, Pacira’s common stock declined dramatically. From a closing market price of $22.36 per share on August 8, 2024, Pacira’s stock price fell to a low of $11.70 per share on August 9, 2024, a decline of over 47% in a single day.