Daewoong: "Nabota Export, No Issues... Already Agreed Upon"

Overseas Partner Evolus
"Rights Protection Included in Prior Agreement with Medytox"

Daewoong Pharmaceutical's botulinum toxin 'Nabota'
[Photo by Daewoong Pharmaceutical]

[Asia Economy Reporter Lee Chun-hee] In the first trial ruling of the civil lawsuit related to the botulinum toxin (BTX) patent dispute between Daewoong Pharmaceutical and Medytox, Medytox achieved a complete victory, but Daewoong Pharmaceutical stated that there is no problem with the export of its BTX product 'Nabota'.

According to Daewoong Pharmaceutical on the 11th, Evolus, the global sales partner for Nabota's cosmetic indications, announced an official statement on the previous day (local time) that "the civil ruling by the Seoul Central District Court does not affect the production, export, or overseas sales of 'Jeuveau' and 'Nuceiva' (Nabota's overseas product names)."

Evolus explained that in the agreement made in February 2021 among Evolus, Medytox, and Medytox's partner Allergan, it was agreed that regardless of the lawsuit results between Daewoong Pharmaceutical and Medytox, the related rights would be held by Daewoong Pharmaceutical and Evolus. This agreement includes the guarantee that Daewoong Pharmaceutical has the right to manufacture Nabota and export it to Evolus, and that Evolus can continue to commercialize Nabota products, regardless of the recent first trial civil lawsuit outcome.

On the 10th, the Civil Division 61 of the Seoul Central District Court (Presiding Judge Kwon Oh-seok) ruled partially in favor of Medytox in the lawsuit filed against Daewoong Pharmaceutical, which sought to prohibit trade secret infringement worth about 50 billion KRW. The court stated, "It is difficult to deny the identity of the strains between Medytox and Daewoong Pharmaceutical," and prohibited Daewoong Pharmaceutical from using the related manufacturing technology. Additionally, Daewoong Pharmaceutical was ordered to hand over the BTX strains to Medytox and to dispose of already produced finished and semi-finished products. Furthermore, Daewoong Pharmaceutical was ordered to pay a total of 40 billion KRW in damages to Medytox.

There were concerns that if these measures were enforced, Daewoong Pharmaceutical would be unable to manufacture Nabota, making overseas sales impossible, but these concerns appear to be unfounded. Currently, Nabota is approved in a total of 63 countries, including major markets such as the United States and Europe, with most overseas commercialization managed by Evolus. Considering this, Daewoong Pharmaceutical has secured the rights related to domestic manufacturing and export of Nabota distributed through Evolus through the prior agreement.

Daewoong Pharmaceutical stated that it will continue legal actions as the higher court's judgment remains pending. A Daewoong Pharmaceutical official said, "Upon receiving the first trial ruling document, we will immediately apply for a stay of enforcement to ensure there are no issues with the production and sales of Nabota, and through an appeal, we will correct the clear misjudgment of the first trial in the higher court." He added, "Through the stable growth of Korea's representative BTX Nabota, we will create national interests and continuously promote K-bio's technological capabilities worldwide."