Dennis Wyrzykowski and his company, Carmel Laboratories LLC, have been joined in the lawsuit by the University of Massachusetts Medical School, which developed the technology and licensed it to Carmel in 2009, according to a report by the Associated Press.
According to the lawsuit, Easeamine, anti-aging cream sold by Carmel Laboratories, is made using technology inspired by a discovery made by two UMass scientists that adenosine can promote skin elasticity.
According to a spokesman for the UMass Medical School, the school became plaintiffs in the case because they are obligated to protect the licensing agreement with Carmel.
The lawsuit was filed June and was amended this month. In the suit, L'Oréal is accused of knowing about the UMass patent; lawyers allege that L'Oréal had been denied patents because of their similarity to those granted to UMass, but the cosmetic company went ahead with a line of products based on the adenosine technology.
Wyrzykowski was selling the cream online for $65 per tube to support the Carmelites work, but he contends the availability of the L'Oréal products decimated that business.
The lawsuit seeks unspecified damages.
L'Oréal has asked the court to dismiss the lawsuit, arguing in court documents that it believes its use of adenosine falls outside the UMass patents.
'While we admire the purpose of the work these two organizations are doing together, we find no merit in these allegations,' L'Oreal said in an email Wednesday that was sent to The Associated Press. 'We expressed this point of view in many conversations we had with the Teresian Carmelites and their outside legal advisers over the past two years.'
Wyrzykowski is listed as CSO (chief spiritual officer) on the easamine.com website.