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(Reuters) – British consumer-goods big Reckitt Benckiser LLC didn’t steal commerce secrets and techniques from a small pharmaceutical firm to make its Okay-Y-branded untimely ejaculation spray, a jury mentioned in a verdict made public Thursday in New Jersey federal courtroom.
The jury concluded Wednesday after a four-week trial that Absorption Prescribed drugs LLC didn’t present that the data at challenge was entitled to trade-secret safety, or that Reckitt dedicated fraud throughout negotiations about probably buying the corporate.
Absorption had sought greater than $450 million in damages, in response to a consultant from Reckitt’s legislation agency Wilmer Cutler Pickering Hale and Dorr. Reckitt had no quick touch upon the decision.
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Absorption CEO Jeff Abraham declined to remark.
Las Vegas-based Absorption mentioned in its 2017 lawsuit that its Promescent lidocaine spray was “poised to do for untimely ejaculation what Viagra did for erectile dysfunction.” Absorption mentioned it shared secrets and techniques with Reckitt throughout talks a couple of potential acquisition.
In keeping with the lawsuit, senior Reckitt staff tried samples of Promescent and mentioned it “actually works.” The lawsuit mentioned Absorption later despatched 1000’s of bottles of Promescent to Reckitt for testing.
Absorption mentioned Reckitt ended their negotiations in 2015 and commenced producing Okay-Y Length in 2016. Reckitt additionally allegedly pressured Amazon and Goal to scale back Promescent’s visibility in an try to chop it out of the market.
The lawsuit additionally mentioned Reckitt dedicated fraud by making false statements about its intentions to purchase Absorption, which satisfied it to reveal its secrets and techniques and decline an opportunity to be acquired by one other firm.
Reckitt argued in a courtroom submitting final month that it had not lied to Absorption, and that the corporate had did not determine any commerce secrets and techniques that have been stolen.
“For a case purportedly about commerce secrets and techniques, Absorption has persistently been imprecise and non-specific about what info it really believes deserves commerce secret safety,” Reckitt mentioned.
The case is Absorption Prescribed drugs LLC v. Reckitt Benckiser LLC, U.S. District Courtroom for the District of New Jersey, No. 2:17-cv-12872.
For Absorption: Jonathan Weiss and Colin Cabral of Proskauer Rose, Liza Walsh of Walsh Pizzi O’Reilly Falanga
For Reckitt: Robert Gunther, Hallie Levin and Peter Neiman of Wilmer Cutler Pickering Hale and Dorr, Paul Garrity of Sheppard Mullin Richter & Hampton, Joseph LaSala of McElroy Deutsch Mulvaney & Carpenter
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