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Medytox(152,000 +4.83%)‘Botox Dispute’ MedytoxWow MedytoxAllergan (now Abbey), Daewoong Pharmaceutical(136,000 -1.09%)It was settled by a’three-party agreement’ such as Evolus, a partner of the company.
MedytoxAmerican Allergan, Ebolus and Daewoong PharmaceuticalIt announced on the 19th that it had signed a three-party agreement to fully resolve all intellectual property lawsuits, including the US International Trade Commission (ITC) lawsuit against the sale of Nabota (U.S. product name bulletin).
By agreement Daewoong PharmaceuticalNabota, a botulinum toxin formulation of the company, can be sold without any restrictions. Instead, each time Nabota is sold in the United States, Ebolus pays a certain amount. MedytoxAnd Allergan decided to pay. Also MedytoxIt is expected to issue common shares to
Also MedytoxIs also expected to withdraw the California lawsuit filed against Ebolus. In the industry, this agreement MedytoxIt is estimated that W and Allergan will be able to receive tens of billions of milestones and royalties equivalent to single-digit percent of Nabota sales.
but Daewoong PharmaceuticalIs not a party to this agreement. Medytox“This agreement is MedytoxWow Daewoong PharmaceuticalIt has no effect on the legal rights and status of the Department, investigation or proceedings.”
Daewoong PharmaceuticalSaid that as it was omitted from the agreement, it was also excluded from the obligation to pay royalties. Because it is a three-party agreement Daewoong PharmaceuticalEvolus, not Nabota’s sales, MedytoxIt is an explanation that it will be paid between and Aller.
This agreement MedytoxTo the US ITC Daewoong PharmaceuticalIt relates to the final decision on the suspicion of infringing trade secrets related to botulinum strains.
Botulinum toxin, well known under the brand name of Allergan’s’Botox’ in the United States, is a toxic protein extracted from botulinum bacteria that causes food poisoning, causing weak muscle paralysis, smoothing wrinkles and eliminating eye tremors. MedytoxExported liquid botulinum toxin product technology to Allergan, Daewoong PharmaceuticalSells Nabota to the United States through Ebolus.
MedytoxIs Daewoong PharmaceuticalIt reported that the company had stolen its strain and manufacturing process technical documents, and filed a formal complaint with ITC in January 2019. Then MedytoxIs a joint plaintiff with US partner Allergan. Daewoong Pharmaceuticaland Daewoong PharmaceuticalHas filed a lawsuit against Ebolus, an American partner of
MedytoxHas partnered with Allergan without a licensed product in the United States. Daewoong PharmaceuticalBecame a co-defendant in an ITC lawsuit after selling’Nabota’ with permission in the US through Ebolus.
Since then, the US ITC told Ebolus in December last year for 21 months. Daewoong Pharmaceutical It was ruled against importing Nabota. However, judging that the botulinum strain was not a trade secret, Daewoong PharmaceuticalThe period of ban on imports of botulinum toxin formulations in China was shortened to 21 months.
Some of the suspicions of stealing the manufacturing process were admitted, but rather MedytoxThe industry pointed out that the botulinum strain claimed by the company was only a’half victory’, judging that it was not a trade secret.
Daewoong PharmaceuticalOpposed the ITC’s final decision and filed an appeal to the US Federal Circuit Court of Appeals (CAFC), but the three-way agreement is likely to end the process. ITC litigation can be reversed even after the final decision if the parties agree.
Seongsu Bae, reporter Hankyung.com [email protected]
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