Medytox Appeals Against US ITC for Not Recognizing Strain Trade Secrets
[Asia Economy Reporter Cho Hyun-ui] On the 18th, Medytox announced that it will accelerate the ongoing lawsuit in South Korea based on the final ruling of the U.S. International Trade Commission (ITC) regarding the 'Botox dispute' with Daewoong Pharmaceutical. It also plans to proceed with an appeal, disagreeing with the ITC's judgment that the botulinum strain is not a trade secret.
Medytox stated, "The final ruling clearly states that Daewoong Pharmaceutical stole our strain and manufacturing process," adding, "Once the full text of the ruling is released within the next 10 days, Daewoong Pharmaceutical's illegal activities will be disclosed in detail."
Medytox filed a civil lawsuit at the Seoul Central District Court in 2017, claiming that Daewoong Pharmaceutical stole its strain and manufacturing process. Currently, the case has proceeded through the 7th hearing.
Medytox said, "Since extensive scientific evidence proving Daewoong Pharmaceutical's allegations has already been submitted to the court, the domestic civil lawsuit will result in the same ruling as the ITC," and added, "If we win, we plan to claim damages, prohibit the use of the strain and technology, demand the return of rights, and proceed with the disposal of Daewoong Pharmaceutical's botulinum toxin product 'Nabota.'"
Furthermore, Medytox emphasized, "The ITC's final ruling is evidence that Daewoong Pharmaceutical's claim of discovering the botulinum strain in the soil of Yongin is false," and stated, "The data on the strain's origin is part of the Ministry of Food and Drug Safety's product approval application materials, and Nabota, which submitted false data, is subject to license cancellation."
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Medytox also plans to proceed with an appeal regarding the ITC commission's judgment that the strain is not a trade secret. Medytox said, "While we welcome the recognition of the theft of the strain and manufacturing process technology, we will correct the judgment that the strain is not a trade secret in order to clarify the standards and definition of trade secrets in the future."
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