In University of Massachusetts v. L’Oréal USA, Inc., Case No. 1:17-cv-00868-CFC-SRF (D. Del.), a patent infringement action challenging numerous L’Oréal USA skin care products, we obtained summary judgment in favor of L’Oréal USA. Relying, in part, on key admissions from the patent inventor and inconsistencies in Plaintiffs’ claim construction positions, the Court found the asserted independent claims of both patents invalid for indefiniteness.
In Olaplex, Inc. v. L’Oréal USA, Inc., Case Nos. 2019-2280, 2019-2292 (Fed. Cir.), a case challenging professional hair care products manufactured and sold by L’Oréal USA, we appealed the District Court’s summary judgment of patent infringement against L’Oréal USA, as well as a jury verdict in favor of Olaplex on its claims for trade secret misappropriation and breach of contract. In two separate opinions, the U.S. Court of Appeals for the Federal Circuit vacated the finding of infringement against L’Oréal USA, and reversed the District Court’s denial of L’Oréal USA’s Motion for Judgment as a Matter of Law on Olaplex’s trade secret and breach of contract claims, thus vacating the $66 million judgment initially awarded to Olaplex. In its decision, the Federal Circuit agreed with L’Oréal USA’s position that Olaplex did not possess any trade secrets, and that L’Oréal USA had not misappropriated any such trade secrets. As the Court stated, “[v]iewing the evidence in the light most favorable to Olaplex and giving ‘the advantage of every fair and reasonable inference,’ we conclude that no reasonable jury could have found [] trade secret misappropriation” by L’Oréal USA. Click here for further details: https://www.reuters.com/business/legal/loreal-wins-fed-cir-reversal-66-million-hair-bleach-ip-loss-2021-05-07/
