'Daewoong vs Metok' Toxin War Round 1 Ends... Court Grants Injunction for Daewoong Side

Daewoong Pharmaceutical's botulinum toxin 'Nabota'
[Photo by Daewoong Pharmaceutical]

[Asia Economy Reporter Chunhee Lee] The first round of the civil war over the botulinum toxin (BTX) patents between Daewoong Pharmaceutical and Medytox ended with a decisive victory for Medytox. Although the ruling included a large-scale compensation of up to 40 billion KRW and the recall of strains, seemingly concluding in favor of Medytox, the related injunction was accepted by the court, postponing the enforcement until the second trial verdict is announced.

On the 17th, Daewoong Pharmaceutical announced that on the 16th, the Civil Division 62 of the Seoul Central District Court accepted the request for an injunction suspension regarding the first trial ruling by Civil Division 61 of the Seoul Central District Court issued on the 10th. As a result, Daewoong Pharmaceutical’s BTX product 'Nabota' manufacturing, sales, and related business can continue as is until the second trial concludes.

Previously, Civil Division 61 ruled partially in favor of Medytox in the lawsuit seeking to prohibit trade secret infringement worth approximately 50 billion KRW filed against Daewoong Pharmaceutical, stating that "it is difficult to deny the identity of the strains between Medytox and Daewoong Pharmaceutical." The court prohibited Daewoong Pharmaceutical from using the related manufacturing technology, ordered Daewoong Pharmaceutical to deliver the BTX strains to Medytox, and to dispose of already produced finished and semi-finished products. Additionally, Daewoong Pharmaceutical was ordered to pay Medytox a total of 40 billion KRW in damages. However, this decision’s enforcement was suspended following the acceptance of Daewoong Pharmaceutical’s injunction request.

Daewoong Pharmaceutical also announced that it immediately filed an appeal with the Seoul High Court on the 15th, the day it received the judgment. Since the Seoul Central District Prosecutors’ Office had previously dismissed the case in February last year, stating that "there is no evidence to recognize that Medytox’s proprietary botulinum strain and manufacturing technology were leaked to Daewoong Pharmaceutical," Daewoong Pharmaceutical’s strategy is to bring about a similar decision again.

A Daewoong Pharmaceutical representative stated, "With the injunction suspension accepted, the Nabota business will proceed normally," and added, "We will expand new BTX product development and new indications, and strengthen the brand’s status based on the reliability of quality."

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