Olaplex plans to appeal a recent court decision that vacated a judgement the company had won against L’Oréal.
Earlier this month, the U.S. Court of Appeals for the Federal Circuit vacated a $66 million judgement that Olaplex had won against L’Oréal for trade secret misappropriation, breach of a non-disclosure agreement and patent infringement.
In a statement, Olaplex’s chief operating officer and chief legal officer Tiffany Walden said: “While L’Oréal has been successful arguing for a technical legal reversal of the trade secret verdict on appeal, we stand by the jurors’ unanimous decision on the claim after hearing the full facts and evidence in this case. The Federal Circuit Court of Appeals affirmed the validity of key claims L’Oréal has already once been found to willfully infringe and estopped L’Oréal from further challenging them. Olaplex looks forward to the opportunity to again prove L’Oréal’s willful infringement in the retrial of its case and will appeal the Federal Circuit’s decision related to the theft of trade secrets.”
A spokesperson for L’Oréal did not return a request for comment by press time.
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Olaplex has filed multiple lawsuits against L’Oréal in different markets, saying certain products from Matrix, Redken and L’Oréal Professionnel infringed on patents. The brand said in court papers it entered merger and acquisition talks with L’Oréal and that during that process, L’Oréal had access to proprietary information about Olaplex’s product formulations, but that a deal never materialized.
Olaplex is now owned by private equity firm Advent International, which bought the brand in 2019.
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