Daewoong Pharmaceutical "ITC Accepts Objection, 'Botox Dispute' Returns to Square One"

[Asia Economy Reporter Cho Hyun-ui] On the 21st (local time), Daewoong Pharmaceutical stated regarding the U.S. International Trade Commission's (ITC) decision to accept objections related to the botulinum toxin strain dispute between Medytox and Daewoong Pharmaceutical, "The ITC has unusually decided to reexamine not only legal issues such as jurisdiction, standing, domestic industry requirements, and trade secret status but also the factual matters concerning the misappropriation of strains and manufacturing processes." They added, "This is evidence that the ITC's preliminary decision was a biased ruling that ignored evidence and scientific facts."

Daewoong Pharmaceutical had previously raised objections concerning the ITC's jurisdiction and Allergan's standing as a party. Daewoong Pharmaceutical interpreted this as, "The ITC ordered both parties to submit opinions on whether these issues meet the legal requirements, meaning they intend to reconsider whether the lawsuit filed by Medytox and Allergan with the ITC is fundamentally valid."

Additionally, Daewoong Pharmaceutical raised objections regarding ▲whether the strain was misappropriated ▲whether the manufacturing process was misappropriated ▲the trade secret status of the strain and manufacturing process ▲and whether the U.S. domestic industry requirements are met.

Daewoong Pharmaceutical stated, "The ITC asked for opinions on how the strain that Medytox claims as a trade secret differs from the other Hall A Hyper strain," and argued, "As trade secret expert Professor Milgrim emphasized in his public interest statement submitted to the ITC, Medytox's strain does not meet the 'competitive advantage' and 'secrecy' requirements and therefore cannot be considered a trade secret. It appears the ITC committee is also trying to verify the same doubts."

They continued, "The ITC also asked for opinions regarding the availability of the Hall A Hyper strain," adding, "This seems to be an attempt to verify the doubt raised by Daewoong Pharmaceutical that 'the strain was easily obtainable both now and in the past and thus cannot be a trade secret.'"

The ITC will issue a final decision on November 6, which may overturn, modify, or uphold all or part of the preliminary decision. The final decision will be confirmed through the President's approval or veto power. Daewoong Pharmaceutical stated, "We will correct the errors in the preliminary decision and ensure victory in the final decision."