According to the complaint, statements made during the Class Period were false and/or misleading because defendants created the false impression that Pacira had sufficient patent protections on Exparel and, as such, the ability to expand the marketing, production, and sales of Exparel, which Pacira stated was critical to its future growth and revenue. In truth, Pacira’s optimistic claims pertaining to its patent protections on Exparel were fragile at best. In fact, Pacira knew that the ‘495 patent was not as protective as defendants publicly touted because on June 6, 2023 the New Jersey District Court issued a ruling in eVenus’s favor regarding claims construction in another case filed by Pacira in a failed attempt to protect Exparel. Yet defendants continued to make public statements affirming their belief in the ‘495 patent and the protection it applied for Exparel.
No Class Has Been Certified. Until a class is certified, you are not represented by counsel unless you retain one. You may select counsel of your choice. You may also remain an absent class member and do nothing at this point. An investor’s ability to share in any potential future recovery is not dependent upon serving as lead plaintiff.
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