Daewoong Pharmaceutical and Medytox Clash Again Over 'Effect of US ITC Ruling' (Comprehensive)

Daewoong 'High Possibility of Appeal Dismissal' vs Medytox 'No Possibility of Dismissal'

[Image source=Yonhap News]

[Asia Economy Reporter Kim Ji-hee] The dispute between Daewoong Pharmaceutical and Medytox over the enforcement of the final decision by the U.S. International Trade Commission (ITC), which ruled in favor of Medytox in the botulinum toxin product case, shows no signs of ending. Regarding the ITC's opinion that "appealing is meaningless" on Daewoong Pharmaceutical's appeal, Daewoong Pharmaceutical interpreted it as "the possibility of appeal dismissal has increased," while Medytox stated "there is no possibility of dismissal," resulting in conflicting interpretations.

On the 20th, Medytox said, "The ITC's opinion to dismiss the appeal in the U.S. court is a routine procedure," 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."

Regarding Daewoong Pharmaceutical's claims, Medytox evaluated them as "nonsense stemming from ignorance of the U.S. judicial system and precedents." Medytox explained, "When a party dissatisfied with the ITC ruling appeals to the appellate court, the appellant is the plaintiff, and the ITC is the defendant," adding, "The defendant presenting an opinion to dismiss the appeal is just a routine procedure, but Daewoong Pharmaceutical misled public opinion by calling this opinion 'unusual' or claiming 'the appeal will be dismissed according to the ITC's opinion.'"

Medytox maintains that since there are U.S. precedents rejecting the ITC's opinion, there is no possibility that Daewoong Pharmaceutical and ITC's request for appeal dismissal will be accepted. They also accused Daewoong Pharmaceutical of thoroughly distorting the ITC's opinion letter. Medytox stated, "The opinion submitted by the ITC actually acknowledges that the ITC ruling is valid and applicable to the related case," and added, "Whether the appeal is MOOT (lacking practical significance) is a matter for the appellate court to decide."

In response, Daewoong Pharmaceutical also countered, deepening the conflict between the two parties. Daewoong Pharmaceutical said, "Medytox's statements are not even worth mentioning, and once the upcoming U.S. appellate court ruling is announced, it will become clear how absurdly false those claims are."

Previously, in December last year, the ITC ruled that Daewoong Pharmaceutical infringed on Medytox's trade secrets related to the botulinum strain manufacturing process and banned the import and sale of Nabota in the U.S. for 21 months. Daewoong Pharmaceutical appealed this decision to the U.S. Federal Circuit Court of Appeals.

Subsequently, Evolus reached a tripartite agreement with Medytox and Allergan, seemingly bringing the botulinum toxin dispute to a close. Under the agreement, Evolus would resume selling Nabota in exchange for settlement payments and royalties. However, on the 14th, Medytox filed two new lawsuits against Daewoong Pharmaceutical and Daewoong, demanding cessation of toxin development, recovery of profits, and patent transfer, intensifying the confrontation between the two sides once again.

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