No. 19-152

Amarin Pharma, Inc., et al. v. International Trade Commission, et al.

Lower Court: Federal Circuit
Docketed: 2019-08-01
Status: Denied
Type: Paid
Experienced Counsel
Tags: false-advertising federal-circuit food-drug-cosmetic-act international-trade-commission lanham-act pom-wonderful-v-coca-cola tariff-act tariff-act-1930 trade-practices unfair-competition unfair-trade-practices
Latest Conference: 2019-12-06
Question Presented (from Petition)

When a manufacturer files a Lanham Act claim under the Tariff Act for competitive injuries caused by unfair trade practices, is the claim barred as a matter of law when the International Trade Commission would need to consider the meaning of terms used in the Food, Drug and Cosmetic Act in order to determine whether the claim has merit?

Question Presented (AI Summary)

When a manufacturer files a Lanham Act claim under the Tariff Act for competitive injuries caused by unfair trade practices, is the claim barred as a matter of law when the International Trade Commission would need to consider the meaning of terms used in the Food, Drug and Cosmetic Act in order to determine whether the claim has merit?

Docket Entries

2019-12-09
Petition DENIED.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-18
Reply of petitioners Amarin Pharma, Inc., et al. filed.
2019-11-04
Brief of respondents International Trade Commission, et al. in opposition filed.
2019-11-04
Brief of respondents Royal DSM NV, et al. in opposition filed.
2019-10-22
Letter of October 22, 2019 from counsel for petitioners filed.
2019-10-02
Motion to extend the time to file a response is granted and the time is further extended to and including November 4, 2019, for all respondents.
2019-09-30
Motion to extend the time to file a response from October 3, 2019 to November 4, 2019, submitted to The Clerk.
2019-08-30
Motion to extend the time to file a response is granted and the time is extended to and including October 3, 2019, for all respondents.
2019-08-28
Motion to extend the time to file a response from September 3, 2019 to October 3, 2019, submitted to The Clerk.
2019-07-30
Petition for a writ of certiorari filed. (Response due September 3, 2019)

Attorneys

Amarin Pharma, Inc., et al.
Ashley C. ParrishKing & Spalding LLP, Petitioner
International Trade Commission, et al.
Noel J. FranciscoSolicitor General, Respondent
Nordic Naturals, Inc. and Nordic Pharma, Inc.
Andrew Fred PrattVenable LLP, Amicus
Royal DSM NV, DSM Marine Lipids Peru S.A.C., DSM Nutritional Products, LLC, DSM Nutritional Products Canada, Inc., Pharmavite LLC
Mark Simon DaviesOrrick, Herrington & Sutcliffe LLP, Respondent