Medytox Appeals ITC Ruling on Botulinum Toxin Case Against Hugel

Medytox has filed an appeal against the U.S. International Trade Commission’s (ITC) final ruling in its botulinum toxin lawsuit against Hugel. In response, Hugel has decided to participate in the appeal process as an interested party.

This development was announced through Hugel's regulatory filing on the 7th. The company stated, “We have decided to participate as an interested party in response to the opposing party’s appeal against the ITC’s final determination.”

Medytox initially filed a lawsuit with the ITC in 2022, alleging that Hugel had misappropriated its botulinum toxin strain and manufacturing process. The complaint sought to ban the import and sale of Hugel's products in the U.S. However, in October last year, the ITC issued a final ruling, stating that Hugel had not committed any violations.

Dissatisfied with the decision, Medytox filed an appeal last month with the U.S. Court of Appeals for the Federal Circuit (CAFC). The CAFC, a specialized court for cases involving patents, trademarks, and international trade, has the authority to review and uphold or overturn ITC rulings.

Hugel stated, “We will issue further public disclosures depending on the progress of the CAFC appeal process.”