Enter 2021.01.14 10:21 | Revision 2021.01.14 11:33
Medytox “Undoubtedly Obvious Criminal Behavior”… Daewoong “ITC dismisses Medytox claims”
Appears to affect domestic lawsuits… Medytox plans to claim domestic distribution Daewoong product disposal court
In early 2019, Medytox filed a complaint with ITC, saying, “Daewoong Pharmaceutical has stolen our company’s botulinum toxin (Botox) strain,” and “Please ban imports from the United States.” On the 16th of last month (local time), the ITC made a final decision in a summary format and released the full text on that day.
According to both sides, on the same day, the ITC ruled that Daewoong Pharmaceutical had stolen the manufacturing process technology of Medytox’s Botox strain through the full text of the final judgment. Daewoong Pharm’s Botox formulation’Nabota’ (U.S. product name’Jubo’) was considered as an’unfair import product’ and decided to ban imports from the US for 21 months.
The strain itself was not recognized as a trade secret, so it was concluded that Daewoong Pharmaceutical did not use it. The strain is a raw material for Botox products, and the manufacturing process is a technology to make Botox products from raw materials.
With this, both sides are accusing each other, claiming that the ITC has raised their hands. Medytox said, “It was ruled that Daewoong had stolen the strain manufacturing process technology,” and said, “This is an obvious criminal activity that there is no doubt.” “The fact that there is no content supporting Daewoong’s innocence in the judgment proves how obvious and certain Daewoong’s criminal activity is.” did.
Daewoong Pharmaceutical claimed its own victory based on ITC’s judgment that’Kyunju is not a trade secret’. Daewoong Pharmaceutical said, “Meditox attacked competitors as if their strain was the only and special strain in Korea, but the claim was completely denied in this ITC decision.” Medytox has never improved the strain, so I thought it was not worth protecting it with trade secrets.” He added that “Meditox’s claims were dismissed by the ITC.”
Medytox said, “I do not agree with the ITC’s judgment that our strain is not a trade secret, but even if it is not a trade secret, Daewoong is not entitled to steal our strain and manufacturing process.” He said, “We will hold Daewoong to the end, who does not admit any mistakes, and who deceives the public with false claims.”
Daewoong Pharmaceutical also disagreed with the ITC’s judgment that’they stole the strain manufacturing process technology’. The company said, “Meditox’s process is only a general-purpose technology that has already been unveiled decades ago,” and said, “The Federal Court of Appeals will correct ITC’s misjudgment.”
Daewoong Pharmaceutical also said, “We will sue for false testimony separately.”
Since 2016, before the ITC filing, a first-trial lawsuit has been underway in domestic courts on the same issue. A Meditox official said, “We are confident that the same conclusions will come out as ITC’s in the domestic lawsuit,” and “plan to proceed with the abolition of (Daewoong Pharmaceutical) products in Korea and claim compensation.”