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Daewoong Pharmaceutical(95,700 0.00%)And Medytox(251,600 0.00%)The final ruling of the “Botox Dispute” has again been postponed.
The US International Trade Commission (ITC) announced on the 19th (local time) that the final ruling on the lawsuit for the theft of a specific strain of Daewoong Pharmaceutical botulinum toxin will be postponed to the 16th of next month. This is the second time change after postponing last month’s deadline from November 6th to 19th.
In a preliminary ruling in July, the ITC ruled that Daewoong Pharmaceutical violated the trade secret of Medytox’s botulinum toxin strain. The preliminary ruling also included a recommendation to ban the importation of Nabota using the strain for 10 years. Daewoong Pharmaceutical has raised an objection to this.
The litigation parties, including the ITC Unfair Import Investigation Bureau (OUII), submitted their responses to the preliminary ruling in writing on the 9th of last month. The final positions of Daewoong Pharmaceutical and Medytox were presented on the 16th. The committee said it had postponed the final decision date to complete the review.
The industry is seeing that the ITC ruling is delaying in the aftermath of the new coronavirus infection (Corona 19). The “ battery dispute ” between LG Chem and SK Innovation was also postponed twice due to Corona 19.
The two companies responded differently to ITC’s decision to postpone the final ruling.
Daewoong Pharmaceutical said, “ITC is expected to investigate the errors in the preliminary decision in depth” and “We are confident of the final victory and will reveal the truth to the end.”
Medytox said: “Only the program has been postponed and nothing has changed. As a preliminary judgment has been made with clear facts and scientific evidence, I am confident it will be accepted in the final decision in December.”
When the ITC’s final decision is made, the President of the United States must review it and exercise the right of approval or veto within 60 days. US President-elect Joe Biden is expected to take office on January 20 next year. It is noted that if the final ruling comes out on December 16, final review authority could be transferred to President-elect Joe Biden rather than President Donald Trump.
Meanwhile, Bloomberg reported on the 18th that Daewoong Pharmaceutical and Ebolus had lobbied President Donald Trump and the administration to override Nabota’s import ban into the United States. Evolus is Nabota’s US sales company. Ebolus, the White House, the Representative for Commerce (USTR) and the Justice Department reportedly did not immediately comment on the lobbying activities.
Reporter Park In-hyuk [email protected]
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