Debevoise & Plimpton LLP has secured a sweeping trial victory for W.R. Grace & Co., a 175-year-old Maryland-based chemicals company, defeating all claims in a lawsuit brought by a competitor and its affiliate. The plaintiffs alleged that Grace copied their patented design for a combustion promoter and made a Lanham Act claim, alleging that Grace gained a competitive advantage by falsely advertising Grace’s competing product, seeking damages, attorney’s fees and an injunction.
Grace turned to Debevoise just two months before trial. Over the course of a three-week bench trial before Judge James K. Bredar in the District of Maryland, the Debevoise team secured a dramatic turnaround. The Court dissolved a previously issued preliminary injunction on the first day of trial, later granted judgment for Grace on the patent claim after finding flaws in the plaintiffs’ evidence and ultimately issued a 96-page opinion entering judgment for Grace on the Lanham Act claim. The result was a complete defense victory, with no damages, injunction or fees awarded.
The Debevoise team was led by partners Jay Neukom, John Gleeson and Morgan Davis, counsel Sarah Wolf, and associates Amela Bajramovic, Jackie Hayes, Aldo Ponterosso, Lana Robins, Peg Schreiner, and Kathryn Speckels. The Debevoise team also included case managers Sean Robertson and Robert Tebbenkamp.