Fed. Circ. Revives Competition Claims In Latisse Suit

Law360, New York (May 24, 2011, 5:29 PM EDT) -- The Federal Circuit revived Allergan Inc.'s California unfair competition claims Tuesday in a suit accusing several companies of infringing patents for eyelash treatment Latisse, ruling that alleging an injury in fact is enough to confer standing for such claims.

The appeals court found that a California federal court had wrongly nixed Allergan's state-law unfair competition claims for lack of standing, finding the California Supreme Court has it made clear that — even in the wake of Proposition 64, which narrowed the statute — a party need...
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