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21 August 2019PatentsSarah Morgan

Judge orders L’Oréal to pay $50m in Olaplex trade secrets case

Cosmetics company L’Oréal will need to pay nearly $50 million for infringing patents and misappropriating trade secrets that belong to rival Olaxplex, according to a Delaware judge.

District Judge Joseph Bataillon, of the US District Court for the District of Delaware, issued the calculations yesterday, August 20, one week after a jury found that L’Oréal should pay Olaplex more than $91 million for stealing its trade secrets, infringing two patents and breaching a contract.

The jury found L’Oréal liable for misappropriating trade secrets and infringing two patents that cover a system that protects hair during bleaching treatments.

Olaplex was awarded $22 million in damages for the agreement breach, $22 million for trade secret misappropriation, and nearly $47 million for patent infringement by the jury.

However, Bataillon concluded that Olaplex is only entitled to recover nearly $25 million for all of its causes of action, in addition to the same amount for wilfulness.

Attorneys’ fees, court costs and interests will be calculated at a later date.

Late last week, Bataillon also ordered L’Oréal to stop making and selling hair colour products that infringe Olaplex’s patents.

The cosmetics company is attempting to overturn the permanent injunction, which covers nine of its products.

On the same day, L’Oréal submitted a notice of appeal to the court, stating that it would be appealing against the injunction to the US Court for Appeals for the Federal Circuit.

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More on this story

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19 August 2019   Cosmetics company L’Oréal is attempting to overturn a permanent injunction imposed by a Delaware judge late last week.
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19 November 2019   The English Court of Appeal has handed California haircare start-up Olaplex a victory in its feud with L’Oréal, after ruling that the California start-up’s patent is valid.
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29 January 2021   Both L'Oréal and Olaplex have failed to convince the US Court of Appeals for the Federal Circuit to overturn a decision on keratin treatment patent claims.