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Jury in Trademark Infringement Case Finds in Favor of ImprimisRx
NASHVILLE, Tenn., November 21, 2024--(BUSINESS WIRE)--Harrow (Nasdaq: HROW), a leading North American eyecare pharmaceutical company, today announced a favorable jury verdict in the case of ImprimisRx, LLC v. OSRX, Inc. ImprimisRx, a wholly owned subsidiary of Harrow, brought the lawsuit to a jury trial in a San Diego, California, federal court alleging willful acts of trademark infringement against OSRX, Inc. and its related party, Ocular Science, Inc. An eight-person jury in the United States District Court for the Southern District of California unanimously validated the entirety of ImprimisRx’s subject trademark estate and found OSRX, Inc. or Ocular Science, Inc. acted with malice, fraud, or oppression, willfully engaging in trademark infringement and unfair competition under California and federal law. The $34.9 million verdict includes $20.4 million in punitive damages and $14.5 million in actual damages.
"While we are extremely pleased with the jury verdict, which supports ImprimisRx’s position as the market-leading innovator in the U.S. ophthalmic compounding market, we would have rather had the defendant in this case, and its CEO and leadership team, respect our trademarks and not willfully engage in unfair competition," said Mark L. Baum, Chief Executive Officer of Harrow. "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. In addition to our sincere appreciation to our extraordinary lawyers, we are grateful to the jury for carefully reviewing the evidence and reaching a just conclusion, allowing us to continue focusing on our work to make eyecare more accessible and affordable for patients across North America."
ImprimisRx, LLC was represented by Keith J. Wesley, Christopher W. Arledge, and George Laiolo of ELLIS GEORGE LLP, with the management of litigation strategist Nikki Wyll of Wyll Legal Consulting.
OSRX, Inc. and Ocular Science, Inc. were represented by Dylan J. Liddiard, Dale Bish, Thomas J. Martin, Charles A. Talpas, and Mikaela Burkhardt of WILSON SONSINI GOODRICH & ROSATI.
The subject case is Case No. 3:21-cv-01305-BAS-DDL.
About Harrow
Harrow, Inc. (Nasdaq: HROW) is a leading eyecare pharmaceutical company engaged in the discovery, development, and commercialization of innovative ophthalmic pharmaceutical products for the North American market. Harrow helps eyecare professionals preserve the gift of sight by making its portfolio of prescription and non‑prescription pharmaceutical products accessible and affordable to millions of patients each year. For more information about Harrow, please visit harrow.com.