USITC to investigate botox imports

The US International Trade Commission (USITC) has agreed to investigate imports of botulinum toxin products following a complaint that they infringe trade secrets.

Following a complaint filed by Korean company Medytox in March, the USITC has agreed to conduct a Section 337 investigation into botox products and manufacturing processes from rivals Hugel, Hugel America and Hugel’s partner Croma Pharma.

Medytox claimed that the three companies relied on the “theft and conversion and misappropriation” of trade secrets and requested that the USITC issue a limited exclusion order and cease and desist orders to prevent the imports.

The Korean company said that Hugel had developed the wrinkle treatment Letbyo using a particular strain of bacteria appropriated from Medytox.

It requested that the ITC investigate Hugel’s activities and issue an order banning imports of its botox products.

According to the Korea Herald, Medytox also said it also “strongly requested for prohibition” on sales of Hugel’s products which have already been imported to the US.

In response to the complaint, Hugel said that the investigation would “reveal the false claims” of Medytox, which it claimed had been “hindering the development of the Korean botulinum toxin industry”.

Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.

In July last year, the US Patent Trial and Appeal Board invalidated a Medytox patent covering certain botox methods to reduce wrinkles.

Medytox had proposed amendments to its patent claims, but the board also ruled that the amended claims were unpatentable.

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