Medytox and Daewoong 'Botox Dispute' Final Verdict, Will It Be Postponed for the Third Time?

[Asia Economy Reporter Cho Hyun-ui] The final ruling by the U.S. International Trade Commission (ITC) on the botulinum toxin strain dispute between Medytox and Daewoong Pharmaceutical is imminent. Some speculate that the litigation between the two companies, which has lasted over five years, may extend beyond this year.

According to the pharmaceutical and biotech industry on the 15th, the ITC will issue its final ruling on the 16th (local time) regarding the lawsuit in which Medytox officially sued Daewoong Pharmaceutical for trade secret infringement.

The final ruling was originally scheduled for the 6th of last month but was postponed once to the 19th and then delayed again to December 16th. The ITC has not disclosed the reason for the delay, but the industry views it as a schedule adjustment due to the prolonged COVID-19 pandemic.

There are voices suggesting that the final ruling, which has already been postponed twice, might be delayed again. On the 10th, the ITC also postponed the final ruling on the trade secret infringement lawsuit between LG Energy Solution (formerly LG Chem’s battery division) and SK Innovation regarding electric vehicle batteries to February 10th next year. Whether there will be a third postponement is likely to be decided on the day of the final ruling. Previously, the ITC announced a schedule delay on the day of the final ruling on the 19th of last month.

It is difficult to predict who will gain the final advantage. However, even if the ITC sides with one party, the domestic botox industry cannot avoid damage. Medytox was the first in Korea to launch the domestic botulinum toxin product 'Medytox.' Daewoong Pharmaceutical was the first domestic company to receive approval from the U.S. Food and Drug Administration (FDA) in 2018.

Once the ITC issues its final ruling, the U.S. president has 60 days to decide whether to approve or exercise veto power. The ITC can reverse, modify, or affirm all or part of the preliminary determination in its final ruling. Since President-elect Joe Biden’s inauguration is on January 20th next year, it is expected that President Donald Trump will hold the decision-making authority.

This content was produced with the assistance of AI translation services.