In Law360, IP Litigators Address ITC Jurisdiction Limits

Intellectual property litigation counsel Matthew Rizzolo (Washington, D.C.) authored a Nov. 22 article in Law360 addressing the International Trade Commission’s (ITC) decision on Section 337 jurisdictional limits relating to a complaint brought by Amarin Pharma.

The authors explain that the ITC determined that the Lanham Act allegations made by Amarin were precluded by the Food, Drug and Cosmetic Act (FDCA) and noted that the U.S. Food and Drug Administration (FDA) is charged with administering the FDCA.  As such, the ITC declined to institute an investigation and dismissed the complaint. The authors also discuss how potential future litigants may use Amarin’s complaint and the ITC’s decision as guidance in bringing future FDA-related claims at the ITC.