L'Oréal named in patent infringement suit
Two hair treatment companies have named cosmetics company L'Oréal USA in a patent infringement lawsuit.
Opalex and Liqwd filed the lawsuit against L'Oréal at the US District Court for the Central District of California, on Tuesday, November 22.
The hair treatment companies alleged that L'Oréal infringed their patent and wilfully took technology without authorisation to re-create “knockoff” versions of Opalex’s Multiplier products.
They also claimed that L'Oréal made false and misleading statements about the products and about Opalex, and falsely advertised its products.
The patent, US patent number 9,498,419, is owned by Liqwd. It concerns “keratin treatment formulations and methods” and was issued by the US Patent and Trademark Office on November 22 this year.
The ‘419 patent describes methods for bleaching hair using maleic acid. Opalex has an exclusive license from Liqwd to the patent.
Opalex and Liqwd argued that L’Oreal infringed through its products Matrix Bond Ultim8 Step 1 Amplifier, Redken pH-Bonder, and L'Oréal Professionnel Smartbond Step 1 Additive.
The products are specifically designed to be used by professional hairdressers, to protect and strengthen hair that has been dyed or bleached.
In 2015, L'Oréal tried to acquire Opalex, according to the suit.
In March, a confidentiality agreement was sent by L'Oréal to Opalex in order to “gain access” to information to acquire the company.
Then, in May last year, Opalex provided L'Oréal with the then unpublished patent application which described the use of maleic acid during hair bleaching.
According to the claim (pdf), in September last year, acquisition negotiations between the companies “fell apart”.
L'Oréal is accused of wilfully infringed the patent and copying the three-step Opalex treatment.
The suit added that the products have a number of listed “similar” ingredients to the Opalex Multiplier products.
Opalex and Liqwd are asking for supplemental damages, damages, and triple damages because of the “exceptional” case.
The companies are also seeking triple profits from L'Oréal’s alleged infringement, costs, expenses and a jury trial.
A spokesperson for L’Oréal said: “We strongly oppose the merit of these claims and the validity of the patent and L’Oréal USA will defend this position vigorously.”
Dean Christal, founder of Olaplex, told WIPR: "Olaplex has created game-changing technology that is used by hair colorists around the globe. It will not stand by and allow L’Oréal, or anyone else, to misappropriate this important technology."
