Legal Memos

Neurelis Inc. v. Aquestive Therapeutics Inc. (2021) 71 Cal.App.5th 769. This is a SLAPP motion involving an action for a competitor’s claims of defamation, unfair competition and malicious prosecution. The Court found that the request to stay approval of the competitor’s drug was protected conduct because it was petitioning activity and the defamation and unfair competition claims lacked minimal merits so the probability of prevailing was not shown as to the malicious prosecution claim in that the denial of a petition challenging the competitor’s patent did not establish a lack of probable cause.

/ilc

Related Attorney(s):
Gregory L. McCoy