A staff attorney at the U.S. International Trade Commission (ITC) recently said at a court that Daewoong had used Medytox’s botulinum toxin (BTX) strain, Medytox said in a news release on Wednesday.
According to Medytox, the ITC attorney, who plays a vital role in the decision of the U.S. agency, stated that he agreed with Medytox's claim during the hearing process. Daewoong’s U.S. attorneys also acknowledged that the ITC attorney's statement is the same as Medytox's claims.
"ITC attorneys' opinions are known to have a profound effect on the final decision of the court," the company said. "It is now clear that the allegations against Daewoong stealing Medytox's BTX strain are true." If Medytox's claims prove true, Evolus, which currently markets Daewoong’s Nabota in the U.S., will no longer be able to sell the product in America, the company added.
Medytox also said that while Medytox and Allergan specifically asked Daewoong's CEO to attend and answer questions during the trial, Daewoong declined to attend.
"Medytox CEO Jung Hyun-ho attended the trial and submitted a witness statement," the company said. "Evlous came to us with a settlement, but we were not able to reach an agreement."
If Evolus agrees, Medytox would like to disclose all details of the attempted settlement, the company added. Evolus had meetings with Medytox several times this year and exchanged opinions over a possible settlement ahead of court ruling regardless of its results.
The prolonged dispute between Medytox and Daewoong over the origin of Nabota, the latter's botulinum toxin (BTX) strain, has been going on since 2017.
Medytox submitted a complaint to the ITC claiming that Daewoong developed the treatment using stolen trade secrets with the aid of former Medytox employees last year, and the ITC has been investigating the complaint since March last year.
Despite the ongoing lawsuit, Daewoong obtained the FDA's license for Nabota’s U.S. version, Jeuveau, in February 2019 and is selling it in the U.S. through Evolus.
If Medytox wins the lawsuits, Daewoong will suffer a blow in the U.S. market as it will no longer be able to export or make the drug.
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