Home Business ‘Daewoong Pharm steals Medytox Botox secret’ US ITC final decision nullified (comprehensive)

‘Daewoong Pharm steals Medytox Botox secret’ US ITC final decision nullified (comprehensive)

by news dir

▲Daewoong Pharmaceutical “Result of misjudgment” vs Medytox “According to agreement”

Medytox – Daewoong Pharmaceutical

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(Seoul = Yonhap News) Reporter Yoo Seon-hyun = Daewoong Pharmaceutical[069620]and Medytox[086900]The final decision of the U.S. International Trade Commission (ITC), which favored Medytox in the conflict over the source of the botulinum strain, has been invalidated.

According to Daewoong Pharmaceutical on the 29th, the ITC invalidated the final decision, including an order to ban the import of Daewoong Pharmaceutical’s botulinum toxin drug ‘Jubo’ (Nabota’s export name to the US).

In July of this year, the U.S. Federal Circuit Court of Appeals decided to dismiss the appeals of Daewoong Pharmaceutical and Medytox against the final ITC decision and dismissed them.

Prior to this, the ITC banned the import and sale of Jubo to the United States for 21 months last December, judging that Daewoong Pharmaceutical had infringed the trade secrets of Medytox’s botulinum strain manufacturing process. Both companies challenged the decision and appealed.

However, in February of this year, Daewoong Pharmaceutical’s US partner Evolus reached a three-party agreement with Medytox and Medytox’s US partner Allergan, Daewoong said that there was no point in appealing. In June, Medytox also reached an agreement with Ion Biopharma, another US partner of Daewoong Pharmaceutical.

Accordingly, the US Court of Appeal dismissed the appeal and the final decision of the US ITC was null and void.

Daewoong Pharmaceutical believes that the invalidation decision is that the ITC has corrected the previous misjudgment, while Medytox insisted that it was an agreement between the two companies.

Daewoong Pharmaceutical said that as the final decision was annulled, the litigants could not use the decision in other trials in the United States, and argued that the basis for Medytox’s claim would be weakened even in civil and criminal lawsuits ongoing in Korea.

A Daewoong Pharmaceutical official said, “As all risks of the US botulinum toxin business have been resolved, we plan to further expand our global market presence.”

In response, a Medytox official said, “As the ITC stated in the statement of opinion, even if the judgment is invalidated, the relevant evidence is still valid.

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