Pacira BioSciences Inc. (NASDAQ: PCRX) responded to claims from activist investor DOMA Perpetual Capital Management LLC regarding the company's intellectual property strategy, as both sides seek stockholder support in an ongoing proxy contest.

The Brisbane, California-based pharmaceutical company said DOMA's statements demonstrate a lack of understanding of biopharmaceutical patents and the company's business. Pacira currently holds 21 patents listed in the FDA's Orange Book covering its pain management drug EXPAREL, with protection extending through the mid-2040s.

The company's initial patent litigation began in 2021 and concluded in 2024, involving only one EXPAREL patent known as the '495 patent. Following an unfavorable court decision, Pacira obtained a favorable reexamination from the U.S. Patent and Trademark Office, resulting in a reissued patent with strengthened claims.

Pacira developed a second family of EXPAREL patents, led by the '940 patent, which provides protection until July 2044. This patent family covers an enhanced manufacturing process that produces more consistent multivesicular liposomes with improved yield and particle-size distribution.

The company reached a settlement with Fresenius Kabi that provides EXPAREL exclusivity through early 2030, followed by gradual market entry through 2039. Two recent Paragraph IV generic challenges have resulted in patent infringement lawsuits, though Pacira noted that filing an Abbreviated New Drug Application does not guarantee FDA approval for generic competitors.

DOMA Perpetual has nominated directors to Pacira's board and is soliciting votes using white proxy cards. Pacira is urging stockholders to vote for the company's nominees using blue proxy cards at the 2026 annual meeting.

Goldman Sachs & Co. LLC serves as Pacira's financial advisor and Perkins Coie LLP as legal counsel in the proxy contest.