Amarin Corp Plc (AMRN)

[Mellowmood77]

On the Supreme Court petition.

If you are so inclined to read the actual petition:

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/19-152.html

Click on “petition.”

ITC has until September 3rd to respond. And most likely will file a BIO (Brief in motion).

Outside groups that have an interest in this case can file briefs telling the court why they should grant it.

The whole process can be read here:

https://www.scotusblog.com/reference/educational-resources/supreme-court-procedure/


The petition is rock solid in my opinion. You can’t argue the facts. King and Spalding don’t play around.

Some snippets:

The question presented:

“The question presented is:
When a manufacturer files a Lanham Act claim under the Tariff Act for competitive injuries caused by unfair trade practices, is the claim barred as a matter of law when the International Trade Commission would need to consider the meaning of terms used in the Food, Drug and Cosmetic Act in order to determine whether the claim has merit?”

Why the petition should be granted:


“The Court should grant review for three reasons. First, the Federal Circuit’s decision extinguishes private rights of action under the Tariff Act that Congress designed to protect domestic industry from unfair trade practices. The decision conflicts with the logic and reasoning of POM Wonderful and, because the Federal Circuit has exclusive authority over appeals from the Commission, no further development of the caselaw is likely to occur. Second, the Federal Circuit’s decision deepens an existing split in lower court authority over whether claims under the Lanham Act are cognizable when they require considering the meaning of terms defined in the FDCA. Third, granting the petition would allow this Court to address important principles of separation of powers and recurring issues of administrative law, including the Federal Circuit’s conclusion that FDA’s failure to take enforcement action exempts companies from other legal requirements and displaces remedies provided under other statutes that FDA does not administer.”

Others:

“A private party seeking relief under the Lanham Act based on labeling falsity has no obligation to obtain FDA’s views as a prerequisite to filing suit even if the mislabeled products are subject to regulation under the FDCA.”

“The petition also implicates important U.S. trade interests. If the Federal Circuit’s decision is left uncorrected, a substantial portion of the domestic industry—responsible for manufacturing products worth billions of dollars in annual sales— will be left unprotected by the Tariff Act merely because the false and deceptively advertised products are subject to regulation under the FDCA and FDA has not taken discretionary enforcement action. Indeed, the dietary supplement industry on its own is a $40 billion industry with “more than 50,000—and possibly as many as 80,000 or even more—different products available to consumers.” FDA, Statement from FDA Commissioner Scott Gottlieb, M.D. (Feb. 11, 2019). And, yet, FDA has only approximately 25 employees responsible for policing the labeling and promotion of these products.”

Highly recommended. Too much good stuff to post it all.