Metricolor, LLC v. L Oreal S.A.

I. INTRODUCTION

Presently before the Court is defendants’ motion for sanctions. Dkt 379. The history of this case is well-known to the parties and set forth in the Court’s November 16, 2022 Order and August 29, 2023 Order. See Dkt. 228, 330. On January 16, 2018, plaintiff Metricolor LLC (“Metricolor’”) filed a complaint against L’Oréal S.A. as well as L’Oréal USA, Inc., L’Oréal USA Products, Inc., L’Oréal USA S/D, Inc., and Redken Sth Avenue NYC, LLC (collectively, “defendants” or “L’Oréal”) alleging, among other claims, patent infringement and trade secret misappropriation. See Dkt. 1. Defendants moved to dismiss the complaint for failure to state a claim and for lack of personal jurisdiction. Dkts. 20, 26. On August 15, 2018, Judge Manuel Real granted both motions. Dkt. 35. In doing so, he found that the accused products did not contain the claimed “air-tight reclosing seal” that appeared in plaintiffs patent. Id. at 7. He also found that “[p]|laintiff does not allege a trade secret, and the information [disclosed] in [Metricolor’s] [p]atent cannot be protected as a trade secret.” Id. at 9. On appeal, the United States Court of Appeals for the Federal Circuit…