Daewoong Pharmaceutical vs Medytox Botox fight again

Medytox Building and Daewoong Pharmaceutical headquarters located in Gangnam-gu, Seoul.  yunhap news

Medytox Building and Daewoong Pharmaceutical headquarters located in Gangnam-gu, Seoul. yunhap news

The ‘Botox War’ between Daewoong Pharmaceutical and Medytox is an increasingly difficult situation. The two companies again distributed a press release on the 29th and demanded an apology from each other.

Daewoong Pharmaceutical and Medytox are in a lawsuit over the source of the strain of a botulinum toxin formulation called’Botox’. In the position data released that day, Daewoong Pharmaceutical announced that it will petition the US Food and Drug Administration (FDA) to investigate Medytox’s botulinum toxin formulation (Innotox).

Then, Medytox also released its position data, saying, “We welcome Daewoong Pharmaceutical’s decision,” saying, “I hope to reveal the truth.”

Daewoong Pharmaceutical's headquarters building, which has been in dispute with Botox for 5 years since 2016.  yunhap news

Daewoong Pharmaceutical’s headquarters building, which has been in dispute with Botox for 5 years since 2016. yunhap news

The background of the dispute between the two companies goes back to last month. The US International Trade Commission (ITC) issued a final decision on the alleged infringement of Daewoong Pharmaceutical’s trade secrets filed by Medytox on December 16 last year. It was said that’Daewoong Pharmaceutical’s botulinum toxin formulation’Nabota (U.S. product name bulletin)’ violated Article 337 of the Customs Act.

In the process of making the ruling at the time, ITC decided that Daewoong Pharmaceutical had brought the strain from Medytox. The judgment was based on a witness statement by Professor Paul Keim of Northern Arizona University.

But at the same time, ITC saw that the botulinum strain was not a trade secret. It was stated in the final judgment saying,’We judge that the Meditox strain does not qualify for trade secret.’

Daewoong “Petition to the US FDA”… Medytox “Very Welcome”

Medytox building located in Gangnam-gu, Seoul.  yunhap news

Medytox building located in Gangnam-gu, Seoul. yunhap news

Daewoong Pharmaceutical, who was hit by one shot, was counter-attacked. On the 18th, the Ministry of Food and Drug Safety (Ministry of Food and Drug Safety) canceled the approval on the 18th because it judged that Medytox’s Innotox had obtained drug product approval and change permission through illegal methods. Accordingly, Daewoong Pharmaceutical announced a plan on the 29th that the US pharmaceutical authorities would ask the US medical authorities to investigate Medytox’s Botox formulation.

Daewoong Pharmaceutical said, “The US ITC is claiming jurisdiction over this lawsuit because Allergan, a US pharmaceutical company (which holds the US sales rights for the Medytox Botox formulation), sells Innotox in the US. It is the position that the basis of this will disappear.”

Medytox-Daewoong Pharmaceutical's Botox ingredient dispute journal.  yunhap news

Medytox-Daewoong Pharmaceutical’s Botox ingredient dispute journal. yunhap news

Daewoong Pharmaceutical sent out five public inquiries, saying that Innotox’s safety test data were fabricated.

Medytox didn’t stand still. Immediately after submitting admission data, he urged Daewoong Pharmaceutical to “hurry to submit a petition to the US FDA.” “If the FDA initiates an investigation, all the truth will be revealed.” Furthermore, he said, “We welcome Daewoong Pharmaceutical’s position (which is petitioning to the FDA),” he said. “Through this, Daewoong Pharmaceutical’s false claims will be revealed.”

Reporter Moon Hee-cheol [email protected]


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