L’Oréal suing Drunk Elephant

[centralsquare]

...for patent infringement, using SkinCeuticals patent on their CE Feurlic.

www.vox.com/the-goods/2018/11/16/18098503/loreal-drunk-elephant-skinceuticals-lawsuit

They are seeking damages and an injunction, but I’m hoping (if they win), they will let them license it.

I’d prefer they win outright, though. Ugh. It’s not even something we can really stock up on, either!

[lovelyshoes]

I wonder if they’ll just end up buying DE, or maybe this came about bc Estée Lauder is interested in buying DE. I’m definitely following this.

[dreamcrisp1]

I hope DE doesn’t sell to either of them. I love DE because it’s cruelty free but neither L’Oréal or Estée Lauder is.

[centralsquare]

Nov 17, 2018 11:05:54 GMT -5 dreamcrisp1 said:

I hope DE doesn’t sell to either of them. I love DE because it’s cruelty free but neither L’Oréal or Estée Lauder is.

They may have to, depending on their resources and ability to fight the lawsuit.

[gottadobe]

I was curious about this so went searching today...

L'Oreal dropped the case apparently.

From Reddit:

Drunk Elephant has responded to L'Oreal (Skinceuticals) complaint, denying any infringement, arguing that the patent is invalid due to not meeting requirements of patentability, invalid due to prior art, invalid due to lack of written claim description, and indefiniteness Fairly standard language in a response. The most interesting part of Drunk Elephant's response is this:

Drunk Elephant’s C-Firma Day Serum does not infringe any valid claim of the ’841 patent in any manner under 35 U.S.C. § 271, either literally or under the doctrine of equivalents. By way of example only, C-Firma Day Serum lacks at least the following elements recited in the claims of the ’841 patent: “ single-phase solution composition”; “10% to 60% of a solvent comprising a glycol ether and an alkanediol”; and “wherein when the cinnamic acid derivative is present at an amount greater than 0.5%, the composition further comprises a surfactant in an amount of 1.5% to 5.0%.”


The comments say DE changed the formula though.

www.reddit.com/r/SkincareAddiction/comments/akcsm6/misc_update_on_drunk_elephantskinceuticals_lawsuit/

[gottadobe]

However, I just found this so maybe it is still ongoing.


L'Oreal Continues Case Against DE LLC