ImprimisRx awarded $34.9 million in trademark infringement suit against OSRX

A California jury unanimously ruled in favor of ImprimisRx in a trademark infringement lawsuit filed against OSRX and its related party Ocular Science, according to a press release.

The jury awarded $34.9 million in damages, including $20.4 million in punitive damages and $14.5 million in actual damages, according to the release issued by Harrow, the parent company of ImprimisRx.

Mark L. Baum, CEO of Harrow, said in the release that the company is pleased with the verdict.

“It goes without saying that, having now successfully defended our intellectual property, at great time and expense, we have confidence that these defendants and any others will not infringe on our creativity or attempt to take advantage of the significant investments we’ve made over many years building our trusted brands,” he said.

In a press release from OSRX, Dylan Liddiard of Wilson Sonsini Goodrich & Rosati, who defended OSRX, said, “Leading up to the trial, OSRX won summary judgment on ImprimisRx’s false advertising claims, and ImprimisRx abandoned its copyright claim. The court did not enter final judgment based on the jury verdict, as there remain significant legal and equitable issues for the court to decide, including laches, unclean hands, fraud on the USPTO and the sufficiency of evidence regarding damages. We look forward to having an opportunity for the trial judge to decide these significant issues in December. This is far from over.”

Reference:

• OSRX, Inc. responds to jury verdict in trademark infringement case: This is far from over. https://www.osrxpharmaceuticals.com/osrx-inc-responds-jury-verdict-trademark-infringement-case-far-over. Published Nov. 21, 2024. Accessed Nov. 25, 2024.

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