A federal jury in Arkansas has awarded Zest Labs Inc. more than $222 million in a retrial of a case alleging that Walmart stole trade secrets, according to a news release from Bartko Pavia LLP, one of the firms representing Zest Labs.
The amount awarded includes $72.7 million in compensatory and $150 million in punitive damages.
Zest Labs claimed it shared details of its Zest Fresh Process for use in the produce supply chain with Walmart under a nondisclosure agreement, with the expectation that the retailer planned to deploy Zest Fresh Process across its stores, according to the release.
Reuters reports that Zest Labs sued Walmart in 2018 for stealing its proprietary technology, which tracks produce freshness; the initial separate trial in 2021 awarded Zest Labs $115 million, but a federal judge ordered a new trial in 2023 after finding Zest Labs had withheld relevant evidence before the initial trial.
Walmart plans to appeal the new verdict, Reuters reports.
