Cleary Gottlieb represented Medytox in securing a significant victory 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. (Daewoong) 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 United States, the investigation proceeded to an evidentiary hearing in Washington, D.C. on 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.
The findings are subject to potential review by the full ITC, with a final decision expected in November 2020.