Allergan, Inc.

O’Melveny prevailed at trial on behalf of Allergan in a trade secrets case, securing a rare “head start” injunction that significantly restricted the ability of Allergan’s competitor (Merz Pharmaceuticals, LLC and Merz Aesthetics, Inc.) to sell a botulinum toxin product in competition with Allergan’s product, Botox™.  In ruling from the bench after closing arguments, United States District Judge Andrew J. Guilford found that O’Melveny had introduced “overwhelming” and “dramatic” evidence of misappropriation that warranted the injunctive relief sought, and soundly rejected Merz’s claim that it had taken sufficient steps to ensure that any trade secrets taken by former Allergan employees were not used.