ITC Trial Wraps Up on Botox Trade Secret Case

Last week a trial was held before the International Trade Commission (ITC) in the trade secret case brought by Allergan and Medytox against Daewoong and Evolus.  Allergan and Medytox filed a complaint with the ITC on January 30, 2019, seeking to block importation of Jeuveau® (prabotulinumtoxinA-xvfs), Evolus’s follow-on biologic to Allergan’s Botox® (onabotulinumtoxinA injection).  Daewoong manufactures Jeuveau® in South Korea.  Allergan and Medytox alleged that Daewoong misappropriated Medytox’s trade secrets related to the bacterial strain and manufacturing process for Medytox’s botulinumn neurotoxin products.  The four-day trial wrapped up on Friday, February 7.  The Administrative Law Judge’s Final Initial Determination is due on June 5, 2020, with a target date of October 6, 2020 for the Commission’s final decision.

According to Evolus, Jeuveau® is a “proprietary 900 kDa purified botulinum toxin type A formulation indicated for the temporary improvement in the appearance of moderate to severe glabellar lines in adults.”  Evolus received FDA approval for Jeuveau® on February 1, 2019, and began shipment to customers in the United States in May 2019.

We will continue to monitor developments in this case.

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