ITC Section 337 Update: Commission Decision Stayed?

New development: On March 31, 2019, ALJ Cameron Elliot joined the Commission bench, thus completing the ITC's roster of six Administrative Law Judges.

• Federal Circuit affirms commission decision not to institute synthetically produced predominantly EPA Omega-3 products, Inv. No. 337-TA-3247: On May 1, 2019, a Federal Circuit panel (Chief Judge Sharon Prost and Circuit Judges Evan J. Wallach and Todd M. Hughes) affirmed the Commission's decision not to institute an investigation into the importation of certain synthetically produced Omega-3 products. Complainant Amarin alleged such products were falsely labeled as "dietary supplements," and were actually "new drugs" as defined in the Food, Drug, and Cosmetic Act (FDCA) that were not approved for sale or use in the US. Amarin contended this violated both Section 43(a) of the Lanham Act (15 U.S.C. §1125(a)) and the FDCA (21 U.S.C. §321 et seq.).