Another Botulinum Dispute... US ITC Launches Investigation into Hugel Following Medytox Complaint

Seoul Gangnam-gu Medytox Seoul Office Exterior View

[Asia Economy Reporter Lee Chun-hee] A dispute between domestic botulinum toxin development companies is flaring up again. Medytox has filed a complaint with the U.S. International Trade Commission (ITC), alleging that Hugel stole its bacterial strains and related trade secrets, and the ITC investigation has begun.

On the 3rd, Medytox announced that the ITC had initiated an investigation the previous day (local time) into Hugel, Hugel America, and Chromapharma.

Earlier, in March, Medytox filed a complaint against Hugel with the ITC. Medytox claims that Hugel developed and produced botulinum toxin products by stealing its bacterial strains and manufacturing processes, which are trade secrets. Recently, Hugel expressed its intention to enter the U.S. market within the year following its expansion into China and Europe, which appears to have prompted the ITC complaint.

In response, Hugel requested the ITC to use the Early Disposition Program, which allows for early resolution of related disputes within 100 days. However, the ITC rejected this, stating that "the issues raised are too complex to be decided within 100 days."

A Medytox official said, "With the ITC investigation underway, Hugel's illegal activities will be revealed," and added firmly, "Through this lawsuit, we will not only protect intellectual property rights but also create an opportunity to correct technology theft."

Medytox has appointed the law firm Quinn Emanuel Urquhart & Sullivan for this lawsuit and is expected to secure litigation funding from global leaders in litigation and dispute resolution investment to proceed with the legal battle. Medytox previously explained that a global litigation and dispute resolution specialized investment company would cover the litigation costs instead of the parties and receive a certain percentage of the awarded damages upon winning.

Meanwhile, Medytox is also engaged in legal disputes with Daewoong Pharmaceutical. The international dispute was temporarily resolved through a settlement after the ITC decided to ban the import of Daewoong Pharmaceutical's botulinum toxin, but domestic disputes have continued since then. Although the prosecution cleared Daewoong Pharmaceutical of charges in February, related civil lawsuits are reportedly still ongoing.