Amarin Case Demonstrates Limits Of ITC Jurisdiction

Law360, New York (November 22, 2017, 12:23 PM EST) -- In what represents a departure from typical U.S. International Trade Commission (ITC) practice, the ITC on Oct. 27, 2017, declined to institute a Section 337 investigation based on a complaint brought by Amarin Pharma Inc. and Amarin Pharmaceuticals Ireland Ltd. ("Amarin"). The commission's non-institution decision (as well as a brief concurring memorandum from Commissioner Meredith Broadbent) provides incremental insight into the question of the ITC's jurisdiction and deference to sister government agencies.

Background

Section 337 broadly authorizes the ITC to investigate all forms of "[u]nfair methods of competition and unfair acts in the importation of articles." This breadth of authority makes...

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