ImprimisRx Awarded $34.9 Million in Trademark Infringement Case Against OSRX

In a landmark decision, a California jury unanimously ruled in favor of ImprimisRx in its trademark infringement lawsuit against OSRX and its related entity Ocular Science, according to a press release. The jury awarded ImprimisRx a total of $34.9 million in damages, including $20.4 million in punitive damages and $14.5 million in actual damages, as announced by Harrow, the parent company of ImprimisRx.

Harrow CEO Responds to the Verdict

Mark L. Baum, CEO of Harrow, expressed satisfaction with the jury’s decision, emphasizing the importance of protecting intellectual property:

“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.”

OSRX Pushes Back

In a separate press release, OSRX’s defense attorney Dylan Liddiard of Wilson Sonsini Goodrich & Rosati highlighted key points in the case:

       • OSRX won summary judgment on false advertising claims made by ImprimisRx.

       • ImprimisRx abandoned its copyright claim during the proceedings.

Liddiard noted that while the jury verdict was a significant step, the court has not entered final judgment. Several legal and equitable issues remain for the court to address, including:

       • Laches

       • Unclean hands

       • Fraud on the USPTO

       • Sufficiency of evidence regarding damages

He added:

“We look forward to having an opportunity for the trial judge to decide these significant issues in December. This is far from over.”

Case Significance

The $34.9 million award underscores the value of intellectual property protection in the pharmaceutical and ophthalmology industries. However, with unresolved legal matters awaiting a December hearing, this high-profile case remains ongoing.

As developments unfold, the outcome will set important precedents for trademark and intellectual property disputes within the healthcare sector.