L’Oréal (UK) Ltd & Anor v Liqwd Inc & Anor

UK Supreme Court - 29 June 2020

Dominic Hoar, Hogan Lovells

Earlier this summer, the UK Supreme Court rejected L’Oréal’sapplication for permission to appeal a decision in favour of Olaplex.L’Oréal was seeking to overturn the findings of the High Court and Court ofAppeal as to the validity of Olaplex’s UK patent for the use of maleic acid inhair bleaching, and L’Oréal’s infringement of that patent by the sale of itsSmartbond No1 product. As such, it was the final nail in the coffin on thequestion of whether L’Oréal was liable for infringing Olaplex’s patent. L’Oréalhas now withdrawn Smartbond No1 from the UK market and is publicising its lossto its UK customers, including through social media channels.