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Monday, 29 April 2019

Judge Grants Olaplex Preliminary Injunction in L’Oréal USA Lawsuit

A Delaware court has granted Olaplex a preliminary injunction against L’Oréal USA after Olaplex alleged that products from Matrix, Redken and L’Oréal Professional infringed on a patent. The decision, from Judge Joseph Bataillon in the U.S. District Court for the District of Delaware, could bar L’Oréal USA from making or selling Matrix Bond Ultim8 Step 1 Amplifier, Redken pH-Bonder #1 Bond Protecting Additive and L’Oréal Professionel Smartbond Step 1 Additive. Olaplex is best known for its Bond Multiplier product, which protects hair during chemical treatments including bleaching and repairs broken hair bonds. According to court papers: “Olaplex points to evidence demonstrating that the accused products constitute an insignificant portion of L’Oréal’s overarching business. In contrast, undisputed evidence on the record establishes that Olaplex’s bond builder products constitute the entirety of its business. For these reasons, the balance of equities and public interest weigh in favor of granting Olaplex’s renewed motion for a preliminary injunction.” The injunction has not yet been ordered, and the scope has not yet been determined, sources said. L’Oréal USA lawyers planned Monday to file a letter with the court asking it to limit the scope of any injunction to only the bleaching aspects of all three products, which are labeled

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