Cleary Gottlieb partners Nowell Bamberger, David Herrington, and Joon Kim were named finalists for the second time by The American Lawyer Litigation Daily’s “Litigators of the Week” for securing a significant victory on behalf of Medytox in a case regarding misappropriated trade secrets.
The Cleary team represented Medytox in a decision issued on July 6, 2020, by an administrative law judge (ALJ) of the U.S. International Trade Commission (ITC) 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., import Jeuveau into the United States.
On January 13, 2021, the full ITC adopted key portions of the ALJ’s decision finding that Daewoong Pharmaceuticals Co. Ltd. and Evolus Inc. violated section 337 of the Tariff Act of 1930 through misappropriation of trade secrets for the botulinum neurotoxin product. The ITC order excludes Daewoong’s products Nabota and Jeuveau from the U.S. market for 21 months and prevents its U.S. partner Evolus from selling any of its remaining inventory of infringing products during that time within the U.S.
Read more about the victory for Medytox here.