Medytox and Allergan v. Daewoong Pharmaceuticals

Cleary Gottlieb Steen & Hamilton successfully represented Medytox on the case.

Medytox secured a significant victory in a decision issued on July 6, 2020 by an Administrative Law Judge (ALJ) of the United States International Trade Commission in Washington, D.C.

In his Initial Determination, the ALJ agreed with Medytox and Allergan that Daewoong Pharmaceuticals Co., Ltd. misappropriated trade secrets belonging to Medytox and used them to develop a botulinum neurotoxin product known as Jeuveau® and, together with Evolus, Inc., to import Jeuveau® into the United States.

The ITC instituted the investigation on February 28, 2019 based on a complaint filed by Medytox and Allergan. Following intensive fact and expert discovery, including depositions in South Korea and the U.S., the Investigation proceeded to an evidentiary hearing in Washington, D.C. February 4-7, 2020. The claim that Daewoong misappropriated Medytox’s bacterial strain and aspects of its manufacturing process were supported by Dr. Paul Keim, one of the world’s leading experts on the genetic relationships among microbes such as bacteria, and Dr. Andrew Pickett, a world-leading expert on the manufacture of botulinum neurotoxin products. The ITC’s Office of Unfair Import Investigations participated in the Investigation and evidentiary hearing and largely supported the claims of Medytox and Allergan.

These findings are subject to potential review by the full International Trade Commission, with a final decision expected in November 2020.

Medytox is a global biopharmaceutical company. The Company produces botulinum toxin, hyaluronic acid filler, and other related products.

Allergan plc (NYSE: AGN), headquartered in Dublin, Ireland, is a unique, global pharmaceutical company that acquires, develops, manufactures and markets brand name drugs and medical devices in the areas of medical aesthetics, eye care, central nervous system, and gastroenterology.

Establish in 1945, Daewoong Pharmaceuticals Co., Ltd. is a public South Korean pharmaceutical company that develops, manufactures, and commercializes pharmaceuticals for both the domestic and international markets.

The Cleary team representing Medytox included partners David Herrington (Picture), Nowell Bamberger and Joon Hyun Kim, along with senior attorney Arminda Bepko and associates Elsbeth Bennett, Charity Lee, Adam Motiwala, Timothy Leech, Sameer Jaywant, Hoori Kim, Taylor Bates, Adam Riff, and Natalie Noble.

Involved fees earner: Nowell Bamberger – Cleary Gottlieb Steen & Hamilton; Taylor Bates – Cleary Gottlieb Steen & Hamilton; Elsbeth Bennett – Cleary Gottlieb Steen & Hamilton; Arminda Bepko – Cleary Gottlieb Steen & Hamilton; David Herrington – Cleary Gottlieb Steen & Hamilton; Sameer Jaywant – Cleary Gottlieb Steen & Hamilton; Hoori Kim – Cleary Gottlieb Steen & Hamilton; Joon Kim – Cleary Gottlieb Steen & Hamilton; Charity Lee – Cleary Gottlieb Steen & Hamilton; Timothy Leech – Cleary Gottlieb Steen & Hamilton; Adam Motiwala – Cleary Gottlieb Steen & Hamilton; Natalie Noble – Cleary Gottlieb Steen & Hamilton; Adam Riff – Cleary Gottlieb Steen & Hamilton;

Law Firms: Cleary Gottlieb Steen & Hamilton;

Clients: Medytox;

Author: Ambrogio Visconti