Medytox Files Additional Lawsuit Against Daewoong Pharmaceutical in the US... Daewoong Calls It a "Hasty Decision"

Two Lawsuits Filed Against Daewoong, Daewoong Pharmaceutical, and Ion Biopharma
Daewoong Pharmaceutical: "ITC Final Decision May Be Nullified, 'Stalling Tactics'"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Ji-hee] On the 17th, Medytox announced that on the 14th (local time), it filed two new lawsuits in the United States against Daewoong, Daewoong Pharmaceutical, and Daewoong's U.S. partner, Eon Biopharma.

Medytox filed a lawsuit against Daewoong Pharmaceutical and Eon Biopharma in the U.S. Central District Court of California, and against Daewoong and Daewoong Pharmaceutical in the U.S. Eastern District Court of Virginia. Regarding the lawsuit filed first in the California court, Medytox stated, "Since Daewoong Pharmaceutical and Eon Biopharma are ignoring the results of the U.S. International Trade Commission (ITC) and attempting to sell products developed by misappropriating our strains and manufacturing processes, we intend to reclaim our rightful rights." Eon Biopharma is the exclusive partner authorized to import, sell, and distribute Daewoong Pharmaceutical's Nabota (U.S. export name 'Jeuveau') for therapeutic purposes in the U.S., Europe, Canada, and other regions.

Additionally, Medytox filed a lawsuit in the Virginia court against Daewoong and Daewoong Pharmaceutical, who obtained U.S. Patent 9,512,418 B2 (Patent 418) related to the production method of botulinum toxin using misappropriated technology. Medytox explained that since Daewoong unfairly acquired Medytox's manufacturing process and claimed it as their own to obtain Patent 418, they intend to reclaim it through 'equitable transfer of ownership.'

A Medytox representative said, "We could not overlook Daewoong's ongoing illegal activities in the U.S. even after the ITC ruling, so we filed the lawsuit to reclaim our rightful rights. The rights Medytox seeks through this lawsuit are damages and patent ownership transfer that the ITC cannot provide. Since Daewoong and Eon Biopharma are not parties to the tripartite agreement made through the ITC ruling, the U.S. courts will make a proper judgment based on the evidence revealed at the ITC." They added, "It is only natural that the U.S. courts have jurisdiction over Daewoong and Eon Biopharma's actions of attempting to sell products developed with strains and manufacturing processes stolen from Medytox in the U.S., as well as the ownership of U.S. patents obtained through misappropriated technology."

In response, Daewoong Pharmaceutical drew a line, stating, "Medytox's urgent decision to drag out time through additional lawsuits is because the possibility of the ITC's final decision being invalidated is increasing." They explained that the newly filed lawsuits by Medytox merely moved the claims made at the ITC to a general court.

Daewoong Pharmaceutical has already applied for the withdrawal of the import ban on Jeuveau and the nullification of the ITC's final decision. The ITC approved the withdrawal of the import ban on the 3rd (local time), and stated that if the appeal filed with the U.S. Court of Appeals for the Federal Circuit (CAFC) is dismissed, the ITC decision will be invalidated. Daewoong Pharmaceutical explained that if the ITC decision is invalidated, the parties will legally be unable to use the ITC decision contents in other trials.

Daewoong Pharmaceutical pointed out, "The claim of misappropriation of botulinum strains raised by Medytox has already expired due to the statute of limitations, so it is highly likely that the court will not allow further lawsuits. Since a civil lawsuit with the same content is ongoing in Korea, the U.S. court is very likely to dismiss or suspend the case." They added, "Medytox's excessive and wasteful litigation is lowering the status of the Korean botulinum toxin industry and damaging national interests."

They also urged, "Medytox should clearly disclose whether it submitted false safety data of Innotox to the U.S. FDA."

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