Daewoong Pharmaceutical said Friday that it has gained the upper hand in the dispute with Medytox over the origin of its botulinum toxin (BTX) strain.

"Daewoong's BTX is a different strain from Medytox as it forms spores," the company said. "The test was conducted under the presence of local and international appraisers designated by the court as part of the ongoing civil litigation." The appraisers recommended by the two companies submitted the results of spore formation to the court on Aug. 14 and 29, respectively, the company added.

The test came after the court approved Medytox's petition, which stated that its strains do not produce spores under any circumstances.

"The presence of the spores of the strain was the decisive factor in this case," Daewoong said. "Medytox filed a civil suit against Daewoong Pharmaceutical, focusing on the fact that its strains do not produce spores under any circumstances."

According to experts of the Hall A Hyper strain, the unique characteristic of Hall A Hyper strain is that it does not form spores and that it cannot be found in the soil.

"Therefore, the court decided to confirm whether the strain of Daewoong Pharm formed spores through a test, and the result of this test is obvious evidence that the company's BTX is not related the Medytox," the company said. "The company will hold Medytox responsible for civil and criminal penalties for making false accusations."

Medytox refuted Daewoong's claim, however, saying all suspicions of the Daewoong Pharmaceutical's BTX strain and its entire manufacturing process will be fully clarified by the results of the two companies' strains submitted to the U.S. International Trade Commission (ITC) on Sept. 20.

"Daewoong’s claim regarding the results of spore appraisal is only a narrow interpretation with some details, and we cannot agree with the claim," a Medytox official said. "As the ITC is investigating the strains of both companies thoroughly and scientifically that can be used for criminal cases, we believe that the truth will be revealed soon."