The ruling is a partial win for Allergan and its attorneys at Gibson, Dunn & Crutcher, who will now use it to prevent Athena Cosmetics from marketing in California a prostaglandin-based eyelash enhancer that has not been approved by the FDA.
But Athena, represented by Patterson Belknap Webb & Tyler, persuaded the appellate court to limit the nationwide injunction imposed U.S. District Judge James Selna of the Central District of California to California only.
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