Westlaw Publishes Akin Gump IP Lawyers’ Analysis of Federal Circuit Ruling in Section 337 Case
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Westlaw Journal Pharmaceutical has published “The Federal Circuit finds jurisdiction over the ITC’s decision not to institute an investigation under Section 337 and explains when claims are precluded by the FDCA,” an article by Akin Gump intellectual property partners David Vondle and Cono Carrano, associate Ryan Stronczer and law clerk An Hoang.
The article, which originated as an Akin Gump client alert, examines a ruling by the U.S. Court of Appeals for the Federal Circuit in Amarin Pharmaceuticals, Inc. v. ITC, which said that the International Trade Commission (ITC) can decline to institute an investigation when a complaint fails to state a cognizable claim under Section 337 of the Tariff Act. The Federal Circuit, the authors observe, held that its 1990 decision in Amgen Inc. v. ITC “was controlling on this issue.”
In addition to outlining the main points of the majority opinion, the article also summarizes some of the arguments included in the dissent. Among them, that the Federal Circuit lacked appellate jurisdiction, and instead “should have exercised mandamus jurisdiction to find that Amarin ‘[had] not demonstrated that the “extraordinary remedy” of issuing a writ of mandamus [was] appropriate.’”
To read the article in its entirety, please click here.
