Portland, OR. A jury in United States District Court in Oregon has awarded Nixon Peabody client Akeso Health Sciences, LLC, half a million in damages plus ownership of trademark rights based on breach of contract in a case involving a nutritional supplement for migraines.
In Akeso Health Sciences, LLC v Quantum, Inc., a jury ruled that Akeso, a Los Angeles–based nutritional supplement company known for its patented migraine relief supplement MigreLief, had an implied contract with Quantum, Inc., involving trademark rights and a distribution arrangement in particular sales channels, and that the contract had been breached.
The jury awarded Akeso $504,381 in damages as a result of the breach and ordered Quantum to assign the federal trademark registration for MigreLief (valued at $1.5 million) to Akeso. Partner Staci Riordan and counsel Aaron Brian presented the case to the jury, working closely with partner Shawn Hansen on a series of related patent disputes that remain pending in the Central District of California. They were assisted by a team that includes Los Angeles attorneys Dale Hudson and Seth Levy, and Boston-based Sydney Pritchett.