Thommessen has successfully represented Zimmer Biomet Norway AS in a trade secrets dispute against their competitor Heraeus Medical AB.
The Zimmer Biomet group is a global industry leader within medical devices and develops and markets a broad range of products, including artificial joints and bone cements for fixation of implants in bone. In 2020 the Zimmer Biomet had net sales of approximately § 7 billion and 20,000 employees.
Heraeus sued for injunction and damages related to certain of Zimmer Biomet's bone cement products, based on allegations that Zimmer Biomet had misappropriated Heraeus' trade secrets in the development of the bone cements.
In 2019 Asker and Bærum District Court ruled in favour of Heraeus Medical. However, in its judgement that was delivered in the spring of 2021 Borgarting Court of Appeal overturned the District Court's judgement and rejected Heraeus' claims for an injunction and damages, which means that Zimmer Biomet prevailed in all aspects. The Court of Appeal concluded than none of the information invoked by Heraeus qualified as trade secrets and that parts of the information neither had been unlawfully used by Zimmer Biomet. Heraeus' appeal to the Supreme Court has now been rejected and the acquittal of Zimmer Biomet is thus final.
The dispute in Norway is part of a multinational litigation, and this final Norwegian judgement is an important victory for Zimmer Biomet.
Thommessen's team consisted of partner Eirik W. Raanes, partner Magnus Hauge Greaker and associate Andreas Stabell.