Daewoong Pharmaceutical's 'Nabota' Resumes Sales in the US...Local Court Grants Emergency Injunction
Emergency Injunction Filed After Three Days
[Asia Economy Reporter Kim Ji-hee] Daewoong Pharmaceutical announced on the 16th that its urgent temporary injunction request to stay the enforcement of the U.S. import ban order on the botulinum toxin product "Nabota," filed with the U.S. Federal Circuit Court of Appeals, has been granted. Accordingly, the U.S. partner company Evolus is now able to resume sales of Nabota.
The urgent temporary injunction is valid until the Federal Circuit Court of Appeals makes a final decision on the main injunction. Daewoong Pharmaceutical filed both the urgent temporary injunction to lift the sales suspension of Nabota and the main injunction on the 12th of this month.
The U.S. International Trade Commission (ITC) issued a 21-month import ban order last December, stating that Daewoong Pharmaceutical infringed on Medytox's trade secrets related to the manufacturing process of botulinum toxin strains. Daewoong Pharmaceutical and Evolus requested U.S. President Biden to overturn the ITC's final decision, but the request was denied, and the order took effect on the 15th U.S. time.
However, the conditions for the bond required for Evolus to import and sell Nabota remain unchanged. The bond can be refunded depending on the outcome of the appellate court or the Supreme Court's final ruling.
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Daewoong Pharmaceutical plans to appeal to the U.S. Court of Appeals within this week.
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