Medytox said Monday that the U.S. International Trade Commission has started the investigation into the U.S. company’s complaint over Daewoong’s botulinum toxin, Nabota, from the beginning of this month.
The investigation comes after Allergan and Medytox submitted a complaint to the ITC claiming that Daewoong developed the treatment using stolen manufacturing secrets and turncoat former employees.
“We expect the ITC investigation will make clear that Daewoong’s Nabota, also known as DWP-450 and Jeuveau, has been developed by taking over the intellectual property rights of Medytox,” a company official said. “Stealing intellectual property is an act that hinders the investment intentions of the biopharmaceutical companies, which is why there is a strong need for legal protection.”
Medytox's intellectual property rights, which the company obtained through long-term research, should be protected, he added.
The trade complaint is the latest for the two Korean companies.
In 2017, Medytox filed a suit with a California court against Daewoong and its U.S. partner Alphaeon for allegedly stealing the company’s botulinum toxin (BTX) strain to produce Nabota.
At the time, the court ordered the companies to settle the dispute in Korea first and put the case on hold saying that the matter will be discussed on April 13, 2018. Afterward, Medytox filed several complaints, including the prohibition of trade secret infringement, with a Seoul district court last year.
Despite the previous order, the court dismissed Daewoong on the grounds of forum non-conveniens last year. The court, however, did not reject the Medytox’s case against Evolus and said the matter stays pending the resolution of proceedings in Korea.
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