Bartko Pavia Files Motion for Sanctions Against Walmart on Behalf of Zest Labs Over Alleged Concealed Patents

San Francisco, CA – October 25, 2024 – As featured in Law 360– Patrick Ryan, co-managing partner of Bartko LLP, and a specialist in intellectual property and trade secret litigation, has filed a motion for sanctions against Walmart Inc. on behalf of Zest Labs, Inc. The motion, filed with the U.S. District Court for the Eastern District of Arkansas, accuses Walmart of withholding critical patent-related evidence in ongoing litigation over Zest’s proprietary shelf-freshness technology.

Patrick, who brings decades of experience in high-stakes corporate litigation, is part of the team representing Zest Labs in this complex dispute. “Walmart not only exploited Zest’s trade secrets under the guise of a partnership but also secretly filed patent applications for the very technology at the center of this case,” said Patrick. “Such actions undermine the integrity of the legal process and threaten the protection of proprietary information.”

The motion filed by Patrick and his colleagues seeks additional discovery, jury instructions addressing Walmart’s alleged misconduct, and financial sanctions. Zest Labs had initially been awarded $115 million in damages, but a retrial was ordered following the discovery of concealed patent applications that could have influenced the original verdict.

Patrick’s representation of Zest Labs is supported by his skilled team at Bartko LLP, including attorneys Sean R. McTigue, Kenneth L. Richard, Natalie A. Felsen, Scott P. Richardson, H. Christopher Bartolomucci, and Kate M. Falkenstien. This case demonstrates Bartko’s track record of results advocating and protecting the IP rights of our clients.

To view the full Law360 article click here.

Contact: Patrick M. Ryan | pryan@bartkolaw.com | 415.291.4540