Mark Davies, a partner with Orrick, Herrington & Sutcliffe. (Courtesy photo)
The Federal Circuit ruled that private parties can't litigate violations of the Food, Drug and Cosmetic Act at the ITC—at least not until FDA provides guidance. The appellate court also affirmed the ITC's discretion to decline certain investigations.
May 01, 2019 at 08:27 PM
1 minute read
The U.S. Court of Appeals for the Federal Circuit issued new guidelines Wednesday for litigating certain types of cases at the International Trade Commission.
The court ruled that private parties may not enforce unfair-competition claims based on the Food, Drug and Cosmetic Act at the ITC, at least not until the Food and Drug Administration has provided guidance on the precise issue in dispute.
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