1. Home
  2. Browse Decisions
  3. F.3d
  4. 738 F.3d
  5. 738 F.3d 1350 (2013)
 

ALLERGAN, INC. v. ATHENA COSMETICS, INC.

No. 2013-1286.

738 F.3d 1350 (2013)

ALLERGAN, INC., and Duke University, Plaintiffs-Appellees, and Murray A. Johnstone, M.D., Plaintiff, v. ATHENA COSMETICS, INC., Defendant-Appellant, and Pharma Tech International, Inc., Product Innovations, LLC, Northwest Cosmetic Laboratories, LLC, and R & G Business LLC, Defendants.

United States Court of Appeals, Federal Circuit.

December 30, 2013.

Attorney(s) appearing for the Case

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

Steven A. Zalesin , Patterson Belknap Webb & Tyler LLP, of New York, NY, argued for defendant-appellant. With him on the brief were Travis J. Tu , Jonah M. Knobler and Jane M. Metcalf . Of counsel was Stephen P. Benson , Katten Muchin Rosenman, LLP, of Chicago, IL.

Before RADER, Chief Judge, MOORE, and WALLACH, Circuit Judges.

MOORE, Circuit Judge.

Athena Cosmetics, Inc. (Athena) appeals from the district court's grant of summary judgment that Athena violated California's unfair competition law (UCL) by marketing, distributing and selling, without regulatory approval, products that qualify as drugs. Athena also challenges the court's entry of a nationwide injunction and the denial of a motion for judgment on the pleadings that the Federal Food, Drug, and Cosmetic Act (FDCA) preempts Allergan...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases