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Athena Cosmetics, Inc. v. Allergan, Inc.

Certiorari Denied

Petition for certiorari denied on June 29, 2015.

Docket No.13-1379
Op. BelowFed. Cir.

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.

Proceedings & orders timeline

Feb 28, 2014
Application (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, 2014
Application (13A906) granted by The Chief Justice extending the time to file until May 15, 2014.
May 15, 2014
Petition for a writ of certiorari filed. (Response due June 18, 2014)
May 21, 2014
Order extending time to file response to petition to and including July 18, 2014.
Jul 18, 2014
Brief of respondent Allergan, Inc. in opposition filed.
Aug 5, 2014
Reply of petitioner Athena Cosmetics, Inc. filed. (Distributed)
Aug 6, 2014
DISTRIBUTED for Conference of September 29, 2014.
Sep 9, 2014
Letter of respondent Allergan, Inc. received and. (Distributed)
Sep 10, 2014
Letter of petitioner Athena Cosmetics, Inc. received. (Distirbuted)
Oct 6, 2014
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 26, 2015
Brief amicus curiae of United States filed.
Jun 8, 2015
Supplemental brief of petitioner Athena Cosmetics, Inc. filed.
Jun 9, 2015
DISTRIBUTED for Conference of June 25, 2015.
Jun 15, 2015
Supplemental brief of respondent Allergan, Inc. filed. (Distributed)
Jun 29, 2015
Petition DENIED.

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