ITC delays decision in possible precedent-setting case involving Botox

摘要

The U.S. International Trade Commission last week delayed a decision in a case brought by the makers of Botox that respondents have said could set a precedent by expanding the ITC's jurisdiction beyond U.S. borders. The decision, which was expected late last week, was delayed until Dec. 16, the ITC said on Thursday. The full commission is reviewing the initial determination of an administrative law judge who in August ruled a market allocation agreement between Botox manufacturer Allergan and Medytox, a Korean manufacturer of a similar product, was sufficient to tie Allergan's domestic industry to a trade-secret misappropriation case between Medytox and Korean generic botox manufacturer Daewoong. The judge recommended that the ITC block Daewoong's generic botox imports for 10 years.