Daewoong Says ITC Ruling Likely to Be Rendered Vacatur
The International Trade Commission (ITC) of the United States announced on May 17 (U.S. standard time) that Daewoong Pharmaceuticals’ appeal to the Court of Appeals for the Federal Circuit (CAFC) to reverse the commission’s final determination, including an import ban on Daewoong’s botulinum toxin Jeuveau (Nabota's name in the United States), was moot.
The ITC’s announcement seems to reflect its view that it is meaningless for Daewoong to go ahead with the appeal as a three-party agreement among Evolus, Medytox and Allergan was reached in February. Evolus is Daewoong’s U.S. partner. Medytox is a Korean company that sued Daewoong on charges of stealing its botulinum toxin technology. Allergan is Medytox’s U.S. partner. Following the agreement, the ITC accepted on May 3 Daewoong’s request to lift the import ban on Jeuveau.
According to Daewoong, the ITC submitted to the CAFC its view that Daewoong’s appeal is moot. Daewoong explained that if its appeal is dismissed by the court, the ITC’s final determination will also be rendered vacatur.
If the ITC’s final determination is rendered vacatur, the parties to the lawsuit cannot use it in other lawsuits in the U.S.
Yet Medytox asserted that Daewoong’s appeal would not be dismissed by the court. The company announced on May 17 that it has filed new lawsuits against Daewoong in the U.S. to stop Daewoong’s toxin development and recover its profits and confirm Medytox’s patent rights.