ALJ Recommends Exclusion in Botox Trade Secret Case

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We previously reported on an International Trade Commission hearing in a trade secret dispute brought by Allergan and Medytox against Daewoong and Evolus.  In the underlying investigation, Allergan and Medytox seek to block importation of Jeuveau® (prabotulinumtoxinA-xvfs), Evolus’s follow-on biologic to Allergan’s Botox® (onabotulinumtoxinA injection).  A one-page public notice provides that the Administrative Law Judge’s Initial Determination found “a violation of section 337 has occurred by reason of misappropriation of trade secrets.”  The ALJ’s opinion is not yet available (a public version should issue in about one month).  Further, it has been reported in the press that the ALJ recommended that the accused products be excluded for a ten-year period.

In the coming weeks the parties have the opportunity to file Petitions for Review to the Commission.  The Commission’s target date for issuance of any opinion and, if applicable, a remedial order is set for November 6.  We will continue to monitor developments in this case.

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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