Pacira Pharmaceuticals, Inc. v. Research Development Foundation — 9th Cir. (Sep 15, 2026)
A newer way to make a pain medicine reopens a decades-old royalty deal. Research Development Foundation assigned drug-delivery technology to Pacira's predecessor in 1994 for a share of revenue, and they amended the deal in 2004. Pacira later developed a larger-scale process for Exparel, a postsurgical pain medicine. After an older patent expired in 2021, Pacira sued to end the royalties. A Nevada court ruled for Pacira on both manufacturing processes and ordered RDF to return about 23 million dollars. RDF appealed. The key question is whether the 2004 amendment reaches technology developed later, or only later patent rights in technology Pacira already had then. When counsel says 'four corners,' he means the written contract itself; 'de novo' means the appeals court reads it afresh. RDF also contests the loss of a jury trial and the prejudgment-interest rate.
Pacira Pharmaceuticals, Inc. v. Research Development Foundation (No. 25-3184) — U.S. Court of Appeals for the Ninth Circuit, argued September 15, 2026.
- 0:00Introduction
- 1:24Advocate — James Renard
- 15:04Advocate — John O'Quinn