Metricolor Fails to Revive Dye-System IP Claims Against L’Oreal

The Ninth Circuit on Tuesday rejected Metricolor LLC’s bid for a second chance to litigate hair dye system trade secret misappropriation and patent infringement claims against L’Oreal USA Inc. that were dismissed because it destroyed evidence.

The district court’s dismissal of the lawsuit wasn’t clearly erroneous given the “sheer volume of Metricolor’s misconduct in the record” and its “unimpressive excuses both below and on appeal,” the US Court of Appeals for the Ninth Circuit said in a per curiam unpublished opinion.

Judge Christina A. Snyder of the US District Court for the Central District of California dismissed Metricolor’s claims ...