What Fed. Circ. False Ad Ruling Means For Section 337 Claims

By Matt Rizzolo, Greg Levine, Joshua Oyster and Kathryn Thornton (May 14, 2019, 4:37 PM EDT) -- In its long-awaited decision in Amarin Pharma. v. U.S. International Trade Commission, the U.S. Court of Appeals for the Federal Circuit provided guidance on the U.S. International Trade Commission's discretion to decline to institute an investigation under Section 337 of the Tariff Act[1] and the interplay between Section 337 claims and the Food, Drug, and Cosmetics Act — an increasingly common issue at the ITC....

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