Allergan, Inc. v. Athena Cosmetics, Inc., No. 13-1286 (Fed. Cir. Dec. 30, 2013)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Athena Cosmetics, Inc. (Athena) appeals from the dis- trict court’s grant of summary judgment that Athena violated California’s unfair competition l aw (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 F ederal Food, Drug, and Cosmetic Act (FDCA) preempts Allergan, Inc.’s (Allergan) UCL claim.