Jun. 24 at 1:59 PM
$CRDF But NMS fails to explain why Dr. Mohindru’s deposition testimony regarding Cardiff’s diligence on NMS’s unripe allegation2 of material breach is necessary for the Court to resolve Cardiff’s PI Motion. To the contrary, NMS appears to instead be focused on merits discovery for its answer and counterclaims due on July 17—a fishing expedition to look for an after-the-fact basis for its new breach accusation. See Doc. No. 20-23. NMS’s diligence claim also is belied by the fact that Cardiff advanced the drug candidate to the cusp of Phase III clinical trials. Therefore, even if NMS could establish that Cardiff failed to act diligently years ago (it cannot), Cardiff demonstrably cured any purported lack of diligence by its successful Phase II trials prior to the purported notice of breach. Doc.
No. 20-1, 28-33.
