US ITC Withdraws Import Ban Order on Daewoong Pharmaceutical's Nabota

ITC Final Ruling Invalidation Request 'Dismissed'

[Image source=Yonhap News]

[Asia Economy Reporter Kim Ji-hee] Medytox announced on the 4th that the import ban order on Daewoong Pharmaceutical's botulinum toxin 'Nabota' (U.S. name: Jeuveau), which was filed with the U.S. International Trade Commission (ITC) following a tripartite agreement with Allergan and Evolus, has been withdrawn. Accordingly, Evolus can continue selling Nabota in the United States.

Daewoong Pharmaceutical submitted its consent to the withdrawal of the order on April 4th, as requested by the parties involved in the agreement. At the same time, Daewoong filed a petition to nullify the ITC's final ruling that found Daewoong had infringed Medytox's manufacturing process trade secrets. However, while the ITC approved the withdrawal request from the three parties, it dismissed Daewoong's petition to invalidate the final ruling.

A Medytox official stated, "Daewoong's agreement to the withdrawal request from the three parties without objection essentially means they have acknowledged the ITC's final ruling, which explicitly stated their allegations of theft and false claims." The official added, "Daewoong's claim that they will correct the ruling through an appeal, while simultaneously arguing to the ITC that an appeal is meaningless and petitioning to invalidate the final ruling, denies the U.S. ITC's judgment after a thorough investigation." Medytox plans to use the evidence related to the ITC's final ruling in domestic civil litigation as well.

Meanwhile, Medytox, together with Allergan, filed a lawsuit with the ITC in February 2019 against Daewoong Pharmaceutical and Evolus for the theft of Medytox's strains and manufacturing processes. Two years later, at the end of last year, the ITC issued a final ruling that Daewoong had stolen Medytox's manufacturing process, and following approval by the U.S. President, a 21-month import and sales ban on Daewoong's Nabota in the United States was enforced.

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