Fed. Circ. Finds No Preemption In Eyelash Competition Suit

Law360, New York (January 2, 2014, 3:48 PM EST) -- The Federal Circuit on Monday affirmed a ruling that Athena Cosmetics Inc. violated California unfair competition law by selling its RevitaLash eyelash conditioner without regulatory approval, turning aside Athena's argument that rival Allergan Inc.'s suit was preempted by federal law.

The appeals court, which held that it had jurisdiction over the dispute because it began with patent infringement claims by Allergan that have since been dismissed, concluded that the federal Food, Drug and Cosmetic Act does not clearly preempt unfair competition claims under the California law....
To view the full article, register now.