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According to Daewoong Pharmaceutical and Medytox on the 29th, ITC made a final decision on the 28th (US time) following the US Federal Court of Appeals (CAFC) to dismiss the botulinum toxin lawsuit filed by Medytox and AbbVie against Daewoong Pharmaceutical and Evolus. announced that the source would be nullified. It has been about five months since the ITC announced that it agreed to dismiss the appeal, saying it was moot.
In December of last year, the ITC decided to ban the import and sale of the product in the United States for 21 months, judging that Daewoong Pharmaceutical violated the trade secrets of Medytox’s botulinum strain manufacturing process. After that, Medytox signed an agreement to grant licenses by receiving settlement money and royalties from Evolus and Ion Biopharma, the US importers of Daewoong’s products, respectively, based on the ruling.
Regarding this ruling, Daewoong Pharmaceutical said, “Although the ITC acknowledged that there was no direct evidence, it made a serious error in determining whether trade secrets were violated only by ‘inference’, relying on the baseless assertions of experts appointed by Medytox. Dissatisfied with the final decision, it appealed to CAFC in February. Although it is late, it is worth evaluating positively in that the ITC finally overruled its error-filled decision.”
He continued, “Not only will the parties to the lawsuit not be able to legally use the decision in other trials in the United States, but the basis for Medytox’s argument in the Korean lawsuit will inevitably be greatly weakened. said
“The two additional lawsuits filed by Medytox against Daewoong Pharmaceutical in the United States were also dismissed by the Eastern District Court of Virginia, and the application for dismissal was also submitted to the Central District Court of California on August 4, leaving only the citations remaining. “As the final decision of the ITC is also completely nullified, it is expected to affect the remaining results of civil and criminal trials in Korea.”
Medytox immediately refuted Daewoong’s claim. Medytox said, “The company achieved the purpose of the US lawsuit with two settlements. Based on this judgment, we requested the CAFC to withdraw the appeal last June. The decision to nullify this ITC was also made in accordance with the procedural order.”
He continued, “As the ITC stated in the statement of opinion, even if the judgment is invalidated, the relevant evidence and judgment are still valid. It is a reckless and irrational act that stems from ignorance.”
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