Medytox: "US Court of Appeals Has No Possibility of Dismissing the Appeal"

ITC's "Daewoong Appeal Meaningless" Stance Sparks Divergent Interpretations with Daewoong

[Image source=Yonhap News]

[Asia Economy Reporter Kim Ji-hee] Medytox has claimed that there is no possibility that the U.S. Court of Appeals for the Federal Circuit (CAFC) will accept Daewoong Pharmaceutical's request to dismiss the appeal.

On the 20th, Medytox stated, "The International Trade Commission (ITC), the defendant in the U.S. court, expressing an opinion to dismiss the appeal is merely a procedural formality," adding, "Since there are U.S. precedents where the ITC's opinion was rejected, there is no possibility that Daewoong Pharmaceutical and ITC's request for appeal dismissal (MOOT) will be accepted."

Earlier, on the 17th, Daewoong Pharmaceutical claimed that the ITC directly announced to the appellate court that the appeal against the ITC's final ruling, including the import ban order on Nabota (U.S. name: Jeuveau), was meaningless, making the nullification of the ITC's final ruling practically likely.

In response, Medytox said, "Daewoong Pharmaceutical's claim is nothing but sophistry stemming from ignorance of the U.S. judicial system and precedents," pointing out, "When a party dissatisfied with the ITC ruling appeals to the appellate court, the appellant is the plaintiff, and the ITC is the defendant." They emphasized, "The defendant expressing an opinion to dismiss the appeal is merely a procedural formality, yet this expression was misleadingly portrayed as 'unusual' or that 'the appeal will be dismissed according to the ITC's opinion,' thereby misleading public opinion."

They continued, "In the 2019 ITC case involving Comcast, the largest U.S. cable company, Comcast requested dismissal of the appeal on the grounds that the relevant patent had expired and the ITC order had lost its effect, but the court did not accept the dismissal request, citing that 'the ITC ruling could affect related cases.' Later, last year, Comcast and the ITC again requested the Supreme Court to dismiss the appeal (MOOT), but the Supreme Court also rejected it," they reported.

Additionally, Medytox accused Daewoong Pharmaceutical of thoroughly distorting the ITC's opinion. Medytox stated, "The opinion submitted by the ITC rather acknowledges that the ITC ruling is valid and applicable to related cases," adding, "Whether the appeal lacks practical significance (MOOT) is a matter for the appellate court to decide."

Finally, Medytox said, "If Daewoong truly respects the ITC, it should abandon its claim that it discovered the botulinum strain on domestic soil even now," and added, "Acknowledging the fact that it plagiarized Medytox's strain and manufacturing technology and compensating for the damages is the most necessary step for the bio powerhouse Republic of Korea."

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