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Intellectual Property
Trade Secret Misappropriation
Misappropriation

Allergan Inc. v. Merz Pharmaceuticals LLC, et al.

Published: Feb. 23, 2013 | Result Date: Mar. 7, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 8:2011-cv-00446 Bench Decision –  Preliminary Injunction Granted

Court

USDC Central


Attorneys

Plaintiff

Edward N. Moss

Brian Neach

Molly J. Magnuson
(Law Offices of Michael S. Magnuson)

Daniel M. Petrocelli
(O'Melveny & Myers LLP)

Brett J. Williamson
(O'Melveny & Myers LLP)


Defendant

Michael L. Willoughby

Sharyl A. Reisman
(Jones Day)

Frederick L. McKnight
(Jones Day)

Steven M. Zadravecz
(Jones Day)

Mark A. Rodriguez


Facts

Allergan Inc. manufactured Botox, a popular anti-wrinkle treatment and the company's bestseller. In 2010, Allergan's sales representatives resigned their employment and thereafter accepted positions with rival Mertz Pharmaceuticals LLC just as it was rolling out its rival drug. Allergan sued Mertz for allegedly stealing its customer lists and other trade secrets.

Result

Allergan was successful in obtaining a preliminary injunction enjoining the sale of Mertz's Xeomin for a limited period of time.


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