Medytox Wins Botulinum Toxin Patent Suit Against Daewoong

Jung Hyun-ho, CEO of Medytox / Courtesy of Medytox

Medytox won a lawsuit against Daewoong Pharmaceutical over a botulinum toxin (BTX or Botox) patent on February 10. The two companies had locked horns over the origin of the BTX strain used to manufacture the cosmetic treatment.

"Daewoong Pharmaceutical's Nabota was developed by stealing Medytox's botulinum toxin strains and manufacturing process," the Seoul Central District Court said. Medytox filed a lawsuit in 2017 accusing Daewoong of stealing its BTX strain and manufacturing process.

The court also prohibited Daewoong from manufacturing and selling its BTX products, such as Nabota, adding that the products that gave already been produced should also be discarded. Moreover, Daewoong was also ordered to pay 40 billion won ($31.5 million) in damage compensation to Medytox.

Often described using the shortened name, Botox, the botulinum toxin is injected into the skin to treat wrinkles. Toxins extracted from strains of the Clostridium botulinum bacterium are purified and used for treatments.

The controversy between BTX makers in Korea has centered on the origins of strains in commercial use. Medytox is the first Korean company to succeed in mass-producing BTX strains.

Jeon Seng-ho, left, and Lee Chang-jae, co-CEOs of Daewoong Pharmaceutical / Courtesy of Daewoong Pharmaceutical

Medytox has claimed that Daewoong stole its BTX strains. Daewoong refuted that it found its own BTX strain in a barn in Gyeonggi Province.

The two companies also faced off in a U.S. over similar reasons. The U.S. International Trade Commission (USITC) ruled in favor of Medytox in December, 2020 and ordered a 21-month import ban on Daewoong's products into the U.S. Daewoong also agreed to pay royalties to Medytox to settle the dispute shortly after.

In regard to the ruling, Medytox said it will continue to make effort to protect its patent, while Daewoong said it would appeal the ruling.

"The court's ruling is a clear judgement made with scientific evidence that no one can refute," Medytox said in a statement. "We are glad to confirm that justice and fairness are alive in Korea. Based on the ruling, we will expand efforts to protect our patented technology."

Source: koreatimes.co.kr-Baek Byung-yeul

Editor: IPR Daily-Ann