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Liqwd, Inc. v. L'Oreal USA, Inc.

United States District Court, D. Delaware

August 20, 2019

LIQWD, INC. and OLAPLEX LLC, Plaintiffs,
v.
L'OREAL USA, INC., L'ORÉAL USA PRODUCTS, INC., L'ORÉAL USA S/D, INC. and REDKEN 5TH AVENUE NYC, LLC, Defendants.

          MEMORANDUM AND JUDGMENT

          JOSEPH F. BATAILLON SENIOR UNITED STATES DISTRICT JUDGE

         On August 12, 2019, the Jury in this case returned a verdict in favor of the plaintiffs. D.I. 1059. The Court instructed in the Initial and Closing Jury Instructions, D.I.'s 1049 and 1056, that the jury should determine damages for each claim, and following entry of the verdict, the Court would calculate the damages, so as not to award a double recovery. The Court will do so now as well as review damages for willfulness.

         THE VERDICT

         A. The jury made the following findings as to damages:

         1. Trade secret misappropriation: $22, 265, 000 Plus, a finding of willfulness

         2. Breach of contract: $22, 265, 000

         3. Infringement of the ‘419 patent: $21, 810, 000

         Plus, a finding of willfulness

         4. Infringement of the ‘954 patent: $24, 960, 000

         Plus, a finding of willfulness

         B. Date of Commencement of Damages:

         1. The Court instructed the jury that the damage period for the ‘419 Patent may not commence earlier than November 22, 2016.

         2. The Court instructed the jury that the damage period for the ‘954 Patent may not ...


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