Daewoong Pharmaceutical "ITC Fails to Prove Strain Theft... Commits Serious Error"
Medytox "Judgment Document Not Disclosed for 30 Days... Not Beyond ITC Jurisdiction"
[Asia Economy Reporter Cho Hyun-ui] On the 14th, Medytox rebutted Daewoong Pharmaceutical's claim that the U.S. International Trade Commission (ITC) preliminary ruling contained "serious errors," calling it "either false claims or violations of regulations."
Daewoong Pharmaceutical stated the day before regarding the ITC's preliminary ruling, "Although the ITC administrative law judge acknowledged that the theft of the botulinum strain was not proven, the ruling favored Medytox," and argued, "Judging the misappropriation of trade secrets based solely on inference without concrete evidence is a clear error."
In response, Medytox claimed, "Our company insisted that the DNA analysis results of both companies' strains be disclosed to the ITC, but Daewoong Pharmaceutical made various efforts to block this."
They added, "Daewoong Pharmaceutical tried to undermine the credibility of the DNA analysis, but the ITC administrative law judge rejected the analysis results from Daewoong Pharmaceutical's experts," explaining, "Ultimately, the ITC concluded that the DNA analysis results showing 'Daewoong Pharmaceutical's strain originated from Medytox's strain' are definitive evidence of theft."
According to Medytox, the ITC preliminary ruling document, which Daewoong Pharmaceutical claimed to have reviewed, is designated as 'confidential' for 30 days. A Medytox official said, "Daewoong Pharmaceutical is either making false claims without seeing the ruling document or is clearly violating regulations."
They continued, "Daewoong Pharmaceutical had continuously claimed it would win the ITC preliminary ruling but, after the preliminary ruling ordering a '10-year import ban' was issued, they are now criticizing the ITC's decision as a serious error. Once the full preliminary ruling, which spans approximately 282 pages, is disclosed, they will no longer be able to make excuses," the official said.
Medytox also rebutted Daewoong Pharmaceutical's raised voice that "the ITC only protected Allergan, a U.S. company whose trade secrets were not infringed, and that this is an unprecedented case beyond the ITC's jurisdiction," stating, "The ITC has prohibited access to the U.S. market for products resulting from trade secret theft regardless of where the illegal act occurred."
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