Allergan Files ITC Complaint Against Evolus to Block Imports of Newly Approved Botox Follow-On

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On January 30, 2019, Allergan and its partner Medytox filed a complaint with the ITC to block imports of Evolus’s follow-on biologic to Allergan’s Botox® (onabotulinumtoxinA injection) product, DWP-450, manufactured by Daewoong Pharmaceuticals.  The complaint alleges that Daewoong misappropriated trade secrets of Medytox.

Evolus filed a BLA for DWP-450 and it was accepted by the FDA in July 2017.  We have reported on the progress of Evolus’s BLA here and here.  On February 1, 2019, the FDA approved Evolus’s BLA and Evolus has initiated a plan for the launch of its product, to be marketed as JeuveauTM.  Evolus expects JeuveauTM to be available throughout the United States in Spring 2019.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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