Jury trial yields second largest financial award in California this year

Ellis George LLP announced today it secured a $34.9 million jury award for its plaintiff-client ImprimisRX LLC and its parent company Harrow IP LLC against defendant Ocular Science, Inc. and its subsidiary, OSRX, Inc. in a federal trademark dispute over post-surgical eyedrops.

The verdict is the second largest jury award in the State of California in 2024, and one of the largest ever jury verdicts in a trademark case.

“We are certainly pleased by the size of the jury award in this case, but it really speaks to the value of our client’s trademarks and how absolutely vital it is to defend them,” said Ellis George managing partner Keith Wesley, who served as co-lead counsel for the plaintiff.

“We appreciate the hard work the jury put in. It was a smart, attentive group, and they clearly understood the damage that is done when a competitor refuses to respect trademark rights and insists on using another company’s brand names,” said Ellis George partner Christopher Arledge, co-lead counsel for the plaintiff.

The lawsuit, filed in federal court in San Diego, accused OSRX of infringing ImprimisRX LLC’s trademarked brand names under state and federal law. The jury awarded a total of $14.5 million in actual damages and another $20.4 million in punitive damages.

“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,” said Mark L. Baum, chief executive officer of Harrow.

ImprimisRx, LLC was represented by Keith J. Wesley, Christopher W. Arledge, and George Laiolo of Ellis George LLP, with the assistance of outside litigation counsel 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 Ellis George LLP

Ellis George LLP is an elite litigation and trial firm based in Los Angeles and with offices in San Francisco and New York. Whether plaintiff or defendant, individual, Fortune 500 corporation or entrepreneur, clients call upon Ellis George when seeking litigation counsel of the highest quality, creativity, dedication, and ethics. Visit www.ellisgeorge.com for more information.

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