Athena Cosmetics, Inc. v. Allergan, Inc.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
13-1379 Fed. Cir. TBD TBD TBD TBD TBD

Issue: Whether, under Buckman Co. v. Plaintiffs’ Legal Committee, the Federal Food, Drug, and Cosmetic Act impliedly preempts a private state-law claim for unfair competition premised on a party’s purported failure to obtain Food and Drug Administration approval, where the Food and Drug Administration itself has not imposed any such requirement.

SCOTUSblog Coverage

DateProceedings and Orders
Feb 28 2014Application (13A906) to extend the time to file a petition for a writ of certiorari from March 30, 2014 to May 15, 2014, submitted to The Chief Justice.
Mar 6 2014Application (13A906) granted by The Chief Justice extending the time to file until May 15, 2014.
May 15 2014Petition for a writ of certiorari filed. (Response due June 18, 2014)
May 21 2014Order extending time to file response to petition to and including July 18, 2014.
Jul 18 2014Brief of respondent Allergan, Inc. in opposition filed.
Aug 5 2014Reply of petitioner Athena Cosmetics, Inc. filed. (Distributed)
Aug 6 2014DISTRIBUTED for Conference of September 29, 2014.
Sep 9 2014Letter of respondent Allergan, Inc. received and. (Distributed)
Sep 10 2014Letter of petitioner Athena Cosmetics, Inc. received. (Distirbuted)
Oct 6 2014The Solicitor General is invited to file a brief in this case expressing the views of the United States.
 
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