Absorption Pharmaceuticals, LLC v. Reckitt Benckiser, LLC

Analysis Group was retained on behalf of Reckitt Benckiser, the defendant in a fraud and trade secret misappropriation lawsuit brought by Absorption Pharmaceuticals arising out of a failed acquisition. Absorption alleged that Reckitt extracted confidential information about its premature ejaculation (PE) spray product during acquisition negotiations, and used that information to develop, market, and sell its own product.

An Analysis Group team – led by Managing Principal Rebecca Kirk Fair and Vice President Laura O’Laughlin – supported academic affiliate Professor Tülin Erdem, who filed an expert report and testified at trial. Professor Erdem opined on the factors that contribute to the commercial success of PE sprays, whether Absorption’s practices were well known in the industry, and whether those practices had economic value.

A jury in the US District Court for the District of New Jersey returned a favorable verdict for our client, finding that Reckitt had not misappropriated any trade secrets, nor had they knowingly misrepresented or omitted any information.