Athena Blasts Allergan's Competition Claims In Eyelash Fight

Law360, Washington (May 16, 2013, 6:17 PM EDT) -- Athena Cosmetics Inc. urged the Federal Circuit on Tuesday to reverse a lower court decision banning it from selling its eyelash conditioner, saying the ruling in favor of drugmaker Allergan Inc., which makes its own eyelash growth product, could drastically change the drug and cosmetic marketing industry.

The cosmetics company alleges that a California federal court acted unusually when it imposed a nationwide ban on Athena's RevitaLash Advanced Eyelash Conditioner based on two state statutes Allergan invoked in its case. Although Allergan claimed Athena's product could...
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