Legal Opinion
Allergan, Inc. v. Athena Cosmetics, Inc.
Court of Appeals for the Federal Circuit
Decided December 30, 2013No. 2013-1286PublishedCited by 19 opinions
1Opinion of the Court
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 Aller-gan, Inc.’s (Allergan) UCL claim. We hold that the FDCA does not preempt Allergan’s UCL claim and that there is no genuine…
2Cases cited18 opinions
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
- Wyeth v. LevineSupreme Court of the United States · 2009
- Buckman Co. v. Plaintiffs' Legal CommitteeSupreme Court of the United States · 2001
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Info-Hold, Inc. v. Muzak LLCCourt of Appeals for the Federal Circuit · 2015
- Gillian Davidson v. Sprout Foods, Inc.Court of Appeals for the Ninth Circuit · 2024
- United States v. FacteauCourt of Appeals for the First Circuit · 2023
- Broadband ITV, Inc. v. Oceanic Time Warner Cable, LLCDistrict Court, D. Hawaii · 2015
- Laturner v. United StatesUnited States Court of Federal Claims · 2017
14 more not listed; retrieve them via the Exa API.