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Amarin Pharma Inc. v. International Trade Commission

Certiorari Denied

Petition for certiorari denied on December 9, 2019.

Docket No.19-152
Op. BelowFed. Cir.

Issue

Whether, when a manufacturer files a Lanham Act claim under the Tariff Act for competitive injuries caused by unfair trade practices, the claim is barred as a matter of law when the International Trade Commission would need to consider the meaning of terms used in the Food, Drug and Cosmetic Act in order to determine whether the claim has merit.

Proceedings & orders timeline

Jul 30, 2019
Petition for a writ of certiorari filed. (Response due September 3, 2019)
Aug 27, 2019
Motion of International Trade Commission, et al. for an extension of time not accepted for filing. (August 28, 2019 - Corrected motion to be filed)
Aug 28, 2019
Motion to extend the time to file a response from September 3, 2019 to October 3, 2019, submitted to The Clerk.
Aug 30, 2019
Motion to extend the time to file a response is granted and the time is extended to and including October 3, 2019, for all respondents.
Sep 30, 2019
Motion to extend the time to file a response from October 3, 2019 to November 4, 2019, submitted to The Clerk.
Oct 2, 2019
Motion to extend the time to file a response is granted and the time is further extended to and including November 4, 2019, for all respondents.
Oct 22, 2019
Letter of October 22, 2019 from counsel for petitioners filed.
Nov 4, 2019
Brief of respondents International Trade Commission, et al. in opposition filed.
Nov 4, 2019
Brief of respondents Royal DSM NV, et al. in opposition filed.
Nov 18, 2019
Reply of petitioners Amarin Pharma, Inc., et al. filed.
Nov 20, 2019
DISTRIBUTED for Conference of 12/6/2019.
Dec 9, 2019
Petition DENIED.

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