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Expert Analysis

Amarin Case Demonstrates Limits Of ITC Jurisdiction

By Matthew Rizzolo and Vladimir Semendyai (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....

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