HBW Insight is part of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC’s registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

This copy is for your personal, non-commercial use. For high-quality copies or electronic reprints for distribution to colleagues or customers, please call +44 (0) 20 3377 3183

Printed By

UsernamePublicRestriction
UsernamePublicRestriction

Court Tosses Amarin Fair Trade Complaint Against Omega-3 Imports

Executive Summary

Majority opinion by Federal Circuit upheld International Trade Commission's decision and denied as moot Amarin's petition for order to compel a judicial or government officer or agency to perform a duty. Dissenting opinion not only agrees ITC acted correctly denying the firm's complaint, but also says the commission's decision wasn't appealable. Ropes & Gray attorneys suggest ruling provides guidance for additional fair trade complaints about FDA-regulated products.

You may also be interested in...



Supreme Court Doesn't Bite On Amarin Appeal In Omega-3 Fair Trade Complaint

The court included its decision on Amarin’s ’s petition for a writ of certiorari among the single-line denials of nearly 200 appeals to consider decisions in civil litigation and convictions in criminal cases. However, Amarin still eyes curbing competition from omega-3 supplements.

Amarin's Asking ITC To Do FDA's Job, Federal Attorneys Tell Supreme Court

In petition to Supreme Court, Amarin does not assert it makes any fair trade claim "that could be proved without establishing" an FDCA violation, nor does it dispute that its "claims are ultimately premised on allegations that the FDCA was violated," say DoJ solicitor general and ITC counsel.

Amarin: Complaint Of Unfair Competition From Omega-3 Supplements 'Ripe' For Supreme Court

As Amarin did in complaint to ITC for a fair trade investigation and appeal to Federal Circuit. it framed its petition for a writ of certiorari to Supreme Court as a compliant pharma firm that invested in research for approval of a drug asking federal agencies to enforce laws to stem competition from products it claims are labeled as supplements but should be deemed unapproved drugs.

Related Content

Topics

Related Companies

UsernamePublicRestriction

Register

RS148776

Ask The Analyst

Ask the Analyst is free for subscribers.  Submit your question and one of our analysts will be in touch.

Your question has been successfully sent to the email address below and we will get back as soon as possible. my@email.address.

All fields are required.

Please make sure all fields are completed.

Please make sure you have filled out all fields

Please make sure you have filled out all fields

Please enter a valid e-mail address

Please enter a valid Phone Number

Ask your question to our analysts

Cancel