Case Study on Patent Strategy: BeautyMatter Highlights Fenwick’s Saina Shamilov and Lashify Wins

Want to know more about the strategy behind patenting beauty products? Patent litigation practice co-lead Saina Shamilov sat down with BeautyMatter for an in-depth look at the growing use of this powerful legal tool (and strategic competitive advantage) over future competition.

“If you have a good idea and you know it’s going to work, file a patent as quickly as possible to establish the earliest possible date of your invention,” she told the outlet. “It gives brands a competitive edge and deters others from copying their work.”

“When smaller companies are acquired, having legitimate, enforceable assets like this adds value that can be sold or used by the buyer,” she added.

In the article, which provides a broad overview of patents in the beauty-industry context, BeautyMatter points out that Fenwick client Lashify credits the strength of its patents as one main reason for its $34 million patent-infringement win last year over a Chinese competitor, which included an award of $30.5 million in lost profits and a reasonable royalty of nearly $3.6 million. It also set a royalty rate of 30%.

“The courts were able to side with me because I had shown so many references and prior art in my patent application,” Lashify founder Sahara Lotti told BeautyMatter. “It shows that you've already overcome all of those rejections, so as much as it is frustrating, it actually helps you in litigation.”

The article also highlights a recent Federal Circuit win on behalf of Lashify that that will empower U.S. brands going after so-called “dupes” who infringe their patents.

“It’s important to have a really great legal team that understands not only your business but also your industry,” Shamilov told BeautyMatter. “You want someone who really knows how to write these things and is able to give you the competitive advantage that you absolutely deserve and you’re entitled to.”

Read the full article at BeautyMatter.