In Law360, Cross-Practice Team Examines Federal Circuit Decision in International Trade Dispute on False Advertising Claims

In The News
May 15, 2019
Capital Insights.

A Washington, D.C. cross-practice team co-authored a Law360 article published May 14 that examines the Federal Circuit decision in Amarin Pharma Inc. v. International Trade Commission. The Federal Circuit affirmed a prior decision by the International Trade Commission not to investigate a false advertising complaint, ruling the ITC can refuse to probe allegations that do not state a proper claim for relief.

The article was authored by IP litigation partner Matt Rizzolo, life sciences partner Greg Levine, life sciences associate Joshua Oyster and IP litigation associate Kathryn Thornton (all of Washington, D.C.).

The authors explain that there have been several previous cases that either raised Food, Drug and Cosmetics Act violations as a predicate act for a Section 337 violation, or raised false advertising claims based on FDCA-related labeling or marketing issues. The Federal Circuit's decision establishes that such a claim "is precluded" if it would force the ITC to interpret an FDCA provision for which the U.S. Food and Drug Administration has not already provided definitive guidance.