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news October 30, 2017

Amin Talati Team Wins Again at the ITC

Partner Joseph Cwik and Associate Jennifer Adams earned a ground breaking win on Oct. 27, 2017 when the International Trade Commission (“ITC”) dismissed a Complaint filed by Amarin Pharma, Inc. See, In the Matter of Certain Synthetically Produced, Predominantly EPA Omega-3 Products in Ethyl Ester or Re-esterified Triglyceride Form (ITC Docket No. 3247). Prior to the dismissal, Amin Talati filed a letter opposing institution of the case on behalf of the Global Organization for EPA and DHA Omega-3s (“GOED”). In its rulings, the ITC concurred with arguments made by Amin Talati concluding, “Amarin’s complaint does not allege an unfair method of competition or an unfair act cognizable under 19 U.S.C. § 1337(a)(1)(A), as required by the statute and the Commission’s rules. The Commission notes that the Lanham Act allegations in this case are precluded by the Food, Drug and Cosmetic Act (“FDCA”). The Commission also notes that the Food and Drug Administration is charged with the administration of the FDCA.”