ITC Dismisses Medytox’s Trade Secret Allegations, Paving the Way for Hugel’s U.S. Expansion

Following Daewoong Pharmaceutical, Medytox sought a U.S. sales ban on Hugel and other companies, alleging unauthorized use of botulinum toxin strain and manufacturing processes in violation of U.S. customs laws. However, the U.S. International Trade Commission (ITC) ruled in favor of Hugel.

On the morning of October 11 (local time), Hugel publicly announced that the ITC had dismissed Medytox's petition to ban Hugel and its U.S. affiliate, Hugel America, along with Chroma Pharma, from importing and selling botulinum toxin products in the United States, finding “no evidence of violation.”

This case began in May 2022 when Medytox requested that the ITC ban the sale of Hugel’s products, alleging misappropriation of trade secrets involving strains and manufacturing processes.

On June 10 of this year, an ITC administrative law judge issued a preliminary ruling stating there was no violation of Section 337 of the amended Tariff Act of 1930 concerning the import of specific botulinum toxin products or related processes.

Hugel commented, “With the final ruling, we can continue expanding our business in the U.S. market and are committed to strengthening corporate credibility and shareholder value.”

In contrast, Medytox expressed “deep regret” following the ruling and stated it would take all necessary steps to protect its intellectual property rights.

A Medytox representative remarked, “We believe the decision by the full Commission is a significant misjudgment. We will examine our options and take all necessary actions to ensure the truth is fully revealed.”

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