[Alpha Biz=(Chicago) Reporter Kim Jisun] Medytox won the first trial of a civil lawsuit between Medytox and Daewoong Pharmaceutical over botulinum toxin (botox) strains.
The Seoul Central District Court's Civil Affairs Agreement Department 61 (Presiding Judge Kwon Oh-seok) ruled partially in favor of the plaintiff in a lawsuit filed by Medytox against Daewoong Pharmaceutical and Daewoong, including a ban on infringement of trade secrets, and ordered Daewoong Pharmaceutical to compensate for damages.
Daewoong Pharmaceutical paid KRW 40 billion to Medytox and ordered the disposal of finished products made using strains. In addition, Daewoong Pharmaceutical banned the use of manufacturing technology related to botulinum strains.
The court ruled that the strain that Medytox used by Daewoong to produce botulinum toxins was derived from the strain of Medytox, and Daewoong's claim that it was isolated from domestic soil is hard to believe in light of various evidence.
It was also believed that the manufacturing process used in the production of botulinum toxins was developed based on Daewoong's illegally acquired manufacturing process, and Daewoong's claim that it was developed independently was hard to believe due to the too short development period and development records.
The court's ruling is a clear decision based on scientific evidence such as genome sequencing, Medytox said. "Based on this ruling, we will carry out legitimate activities to protect Medytox's rights."
He also said, "We will quickly review additional legal measures against companies that are illegally acquiring and commercializing Medytox's botulinum strains and manufacturing processes."
On the other hand, Daewoong Pharmaceutical said it would appeal, saying, "We admitted that the court's first trial judgment cannot be judged only by electronic analysis, but it is regrettable that it has shown limitations in finding the actual truth based on reasoning."
Daewoong Pharmaceutical claimed in a press release on the 10th that it was an unreasonable ruling contrary to the disposition of the charges, saying, "As a result of combining search and seizure, digital forensics, and witness statements after an extensive investigation by the Seoul Central District Prosecutors' Office on February 4, 2022, there is no evidence to admit that Medytox's unique botulinum strain and manufacturing technology were leaked to Daewoong Pharmaceutical."
AlphaBIZ 김지선(stockmk2020@alphabiz.co.kr)
