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

Law360 (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.

The opinion also addressed the Federal Circuit’s appellate jurisdiction to review the ITC’s noninstitution decisions. Companies that litigate at the ITC, particularly those that manufacture, distribute or import U.S. Food and Drug Administration-regulated products, should be aware...

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