AMARIN PHARMA, INC. v. INTERN. TRADE COM'N

2018-1247. 2018-114.

923 F.3d 959 (2019)

AMARIN PHARMA, INC., Amarin Pharmaceuticals Ireland Ltd., Appellants v. INTERNATIONAL TRADE COMMISSION, Appellee Royal DSM NV, DSM Marine Lipids Peru S.A.C., DSM Nutritional Products LLC, DSM Nutritional Products Canada, Inc., Pharmavite LLC, Nordic Naturals, Inc., Nordic Pharma, Inc., Intervenors In re: Amarin Pharma, Inc., Amarin Pharmaceuticals Ireland Ltd., Petitioners.

United States Court of Appeals, Federal Circuit.

Decided: May 1, 2019.


Attorney(s) appearing for the Case

Ashley Charles Parrish , King & Spalding LLP, Washington, DC, argued for appellants and petitioners. Also represented by Lisa Molot Dwyer , Jesse Snyder , Jeffrey Mark Telep.

Houda Morad , Office of the General Counsel, United States International Trade Commission, Washington, DC, argued for appellee and respondent. Also represented by Dominic L. Bianchi , Wayne W. Herrington.

Mark S. Davies , Orrick, Herrington & Sutcliffe LLP, Washington, DC, argued for intervenors Royal DSM NV, DSM Marine Lipids Peru S.A.C., DSM Nutritional Products LLC, DSM Nutritional Products Canada, Inc., Pharmavite LLC. Also represented by Jordan Coyle , Thomas King-Sun Fu ; Andrew D. Silverman , New York, NY; Annette Louise Hurst , Robert Shwarts , San Francisco, CA.

Joseph Forrest Busa , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for amicus curiae United States. Also represented by Joseph H. Hunt , Scott R. McIntosh.

Andrew F. Pratt , Venable LLP, Washington, DC, for intervenors Nordic Naturals, Inc., Nordic Pharma, Inc.

Deanna Tanner Okun , Adduci, Mastriani & Schaumberg, LLP, Washington, DC, for amici curiae Council for Responsible Nutrition, Global Organization for EPA and DHA Omega-3S. Also represented by Asha Allam , Paul M. Bartkowski , Paulina Maria Starostka.

Dissenting opinion filed by Circuit Judge Wallach.


Amarin Pharma, Inc. ("Amarin") appeals the decision of the International Trade Commission ("Commission"), which determined not to institute an investigation and, accordingly, dismissed Amarin's complaint. The Commission held that Amarin's complaint failed to allege a cognizable claim based on an unfair method of competition or...

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