Xera Health LLC vs Scheele

Case No.: 37-2018-00048564-CU-BC-CTL    

Tentative Ruling on Scheele/Nova-Life Motion for Summary Judgment/Adjudication Xera Health LLC v. Scheele, Case No. 2018-48564

November 20, 2020, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

This case arises out of the parties' abortive efforts to develop "innovative ways to maximize and monetize the process-based chemical technology" included in certain patents. ROA 9 at 6:16–17. Plaintiff alleges breach of a September 7, 2017 "nine (9) page binding term sheet," among other claims. Id. at p. 13:24. The complaint was filed on September 25, 2018; it was superseded by the ten-count first amended complaint ("FAC") on October 5, 2018. ROA 9. The patents in question are used in a diet/health product called "Factor4."

The court incorporates part 1 of its ruling from September 4, 2020 (ROA 302); as the recitations there and below make clear, the case has continued to evolve into a potential model for a civil procedure pr........