Phibro-Tech, Inc. v. Osmose, Inc.

Phibro-Tech, Inc., sued Analysis Group client Osmose, Inc., for misappropriation of a proprietary concept for wood preservative technology and taking it to market ahead of Phibro. The damages phase of this bifurcated case centered on Phibro's claim for disgorgement of any profits earned by Osmose. However, The Superior Court of New Jersey ruled in favor of Osmose, citing the "highly credible" testimony of affiliateĀ Laura Stamm, who "establish[ed] what [the Court found] to be a fact" -- that Osmose had not yet profited from its sales of products using the new preservative technology, and that it was impossible to determine if or when the new and unproven products would be profitable.

In addition to praising the quality of Ms. Stamm's testimony, the Court opined that Phibro-Tech's economic expert had not demonstrated persuasively that Osmose's misappropriation of proprietary concepts had been injurious to Phibro. Additionally, said the Court, Phibro's expert "failed to plausibly demonstrate the claimed profitability" to Osmose for its use of the technology, and had advanced damages theories that were "entirely speculative."

The Court subsequently denied all forms of requests for monetary damages.