NASHVILLE, Tenn. — In a decisive legal victory, ImprimisRx, a subsidiary of Harrow Health Inc., has won its trademark infringement case against OSRX, Inc. and its related entity, Ocular Science, Inc. A federal jury in San Diego awarded ImprimisRx $34.9 million after finding the defendants had willfully engaged in trademark infringement and unfair competition.
This landmark case, tried in the United States District Court for the Southern District of California, concluded with unanimous decisions favoring ImprimisRx on all counts. The jury imposed $20.4 million in punitive damages and $14.5 million in actual damages, reflecting the severity of the willful infringement.
Harrow’s CEO, Mark L. Baum, expressed relief and satisfaction at the jury’s verdict, emphasizing that the company’s commitment to protecting its intellectual property is integral to its success. He underscored the significant investments Harrow has made in building a trusted brand in the U.S. ophthalmic compounding market, and expressed hopes that the judgment would deter future infringement by competitors.
Legal representation for ImprimisRx included Keith J. Wesley, Christopher W. Arledge, and George Laiolo from the firm Ellis George LLP. The team was managed by litigation strategist Nikki Wyll of Wyll Legal Consulting. On the defense side, Dylan J. Liddiard, Dale Bish, Thomas J. Martin, Charles A. Talpas, and Mikaela Burkhardt of the law firm Wilson Sonsini Goodrich & Rosati represented OSRX, Inc. and Ocular Science, Inc.
The case, formally known as Case No. 3:21-cv-01305-BAS-DDL, has underscored the robustness of trademark laws under both California and federal law. It highlights the legal responsibilities companies have in respecting the intellectual properties of rivals as foundational to fair business practices.
Harrow Health Inc., under its NASDAQ symbol HROW, continues as a leader in the North American ophthalmic pharmaceutical market. The company is dedicated to enhancing eyecare, ensuring that its diverse range of products reach millions of patients annually, thereby contributing significant resources to safeguarding vision and facilitating healthcare accessibility.
This legal win serves as a testament to Harrow’s proactive stance on protecting its innovations and the investments steering the evolving eyecare landscape across North America. As Harrow forges ahead, the case sets a precedent that might influence how businesses engage with competitors in highly specialized markets.
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