Antitrust Claims Shorn In Eyelash Product Patent Suit

Law360, New York (September 17, 2009, 4:35 PM EDT) -- A federal judge has partly dismissed Athena Cosmetics Inc.'s allegations accusing rival Allergan Inc. of monopolizing the relevant market in ongoing litigation that arose from a patent related to eyelash enhancement products.

Judge James V. Selna of the U.S. District Court for the Central District of California handed down the ruling Wednesday, tossing Athena's counterclaims of monopolization as they related to the nonprescription market for eyelash enhancement products, but leaving in play Athena's allegations that Allergan monopolized the overall market for such products.

The judge also...
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