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Athena Cosmetics, Inc. v. Allergan, Inc.

Petition for certiorari denied on June 29, 2015

Docket No. Op. Below Argument Opinion Vote Author Term
13-1379 Fed. Cir. N/A N/A N/A N/A OT 2014

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. CVSG: 05/26/2015.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
02/28/2014Application (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.
03/06/2014Application (13A906) granted by The Chief Justice extending the time to file until May 15, 2014.
05/15/2014Petition for a writ of certiorari filed. (Response due June 18, 2014)
05/21/2014Order extending time to file response to petition to and including July 18, 2014.
07/18/2014Brief of respondent Allergan, Inc. in opposition filed.
08/05/2014Reply of petitioner Athena Cosmetics, Inc. filed. (Distributed)
08/06/2014DISTRIBUTED for Conference of September 29, 2014.
09/09/2014Letter of respondent Allergan, Inc. received and. (Distributed)
09/10/2014Letter of petitioner Athena Cosmetics, Inc. received. (Distirbuted)
10/06/2014The Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/26/2015Brief amicus curiae of United States filed.
06/08/2015Supplemental brief of petitioner Athena Cosmetics, Inc. filed.
06/09/2015DISTRIBUTED for Conference of June 25, 2015.
06/15/2015Supplemental brief of respondent Allergan, Inc. filed. (Distributed)
06/29/2015Petition DENIED.