[5-Year Botox War] Daewoong: "US ITC's Policy Decision to Protect Domestic Industry"

[Asia Economy Reporter Choi Dae-yeol] Daewoong Pharmaceutical has argued that the preliminary ruling by the U.S. International Trade Commission (ITC) is "an incomprehensible policy decision aimed at protecting domestic industries in the United States." The company expects that since this ruling is non-binding, it can be overturned in the final decision scheduled for November.

On the 6th (local time), regarding the ITC's ruling that Daewoong Pharmaceutical infringed on Medytox's trade secrets, the company emphasized, "The administrative law judge clearly stated that there is no conclusive evidence of strain theft as claimed by Medytox." They added, "It appears that the ruling unilaterally cited only the expert opinions from Medytox on the controversial scientific forensic results or mistakenly accepted false data and false testimony submitted by Medytox as truth," and asserted, "The recognition of Medytox's manufacturing technology theft, jurisdiction, and trade secrets is clearly a misjudgment."

The dispute over the origin of the botulinum toxin (Botox) strains between Medytox and Daewoong Pharmaceutical began in 2016. After Medytox's petition to the U.S. Food and Drug Administration (FDA) to deny approval of Daewoong Pharmaceutical's Nabota was rejected, it filed a lawsuit with the ITC last year. On this day, the ITC issued a preliminary ruling recommending a 10-year import ban, stating that Daewoong Pharmaceutical infringed on Medytox's trade secrets. The final ruling is scheduled for November and will be finalized through the president's approval or veto.

Daewoong Pharmaceutical stated, "We plan to review the official decision document from the ITC as soon as we receive it and proceed with the objection process," adding, "It is regrettable that the record of a domestic pharmaceutical company entering the U.S. market is being damaged and that we cannot provide hope to the people struggling due to the coronavirus."