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ALLERGAN, INC. v. ATHENA COSMETICS, INC.

No. 2010-1394.

640 F.3d 1377 (2011)

ALLERGAN, INC., Plaintiff-Appellant, and Murray A. Johnstone, M.D. and Duke University, Plaintiffs, v. ATHENA COSMETICS, INC., Pharma Tech International, Inc., and Northwest Cosmetic Laboratories, Inc., Defendants-Appellees, and Cosmetic Alchemy, LLC, Defendant-Appellee, and Nutra-Luxe M.D., Defendant, and Stella International, LLC, Product Innovations, LLC, and Metics, LLC, Movants-Appellees, and Peter Thomas Roth, Inc. and Peter Thomas Roth Labs LLC, Defendants-Appellees, and Lifetech Resources, LLC and Rocasuba, Inc., Defendants-Appellees, and Global MDRX, Cosmetic Technologies, Inc., DMI, La Canada Ventures Inc., and Susan F. Lin, M.D., Defendants.

United States Court of Appeals, Federal Circuit.

May 24, 2011.

Attorney(s) appearing for the Case

Mark A. Perry , Gibson, Dunn & Crutcher, LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Jeffrey T. Thomas and Blaine H. Evanson , Gibson, Dunn, & Crutcher, LLP, of Irvine, CA.

Stephen Benson , Katten Muchin Rosenman, LLP, of Chicago, IL, argued for defendants-appellees Athena Cosmetics, Inc., et al. With him on the brief was Robert B. Breisblatt.

Jeffrey L. Weiss , Weiss & Moy, P.C., of Scottsdale, AZ, argued for defendants-appellees Cosmetic Alchemy, LLC and Movants-appellees Stella International, LLC, et al.

Martin C. Washton , Towle Denison Smith & Maniscalco, LLP, of Los Angeles, CA, argued for defendants-appellees Lifetech Resources, LLC, et al. With him on the brief was Amanda R. Washton.

Before NEWMAN, GAJARSA, and PROST, Circuit Judges.

GAJARSA, Circuit Judge.

This case arises from the district court's dismissal of Allergan, Inc.'s ("Allergan") claim for relief under California Business & Professions Code ("UCL") § 17200 et seq.—the unfair competition provisions— for lack of standing. The issue before the court is whether a party must allege an injury compensable by restitution to have standing under the UCL. The California Supreme Court makes clear in two recent decisions...

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