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[Alpha Biz=(Chicago) Reporter Kim Jisun] It ended even before the US patent-related trials of Hugel and Medytox, the representatives of botulinum toxin (Botox) in Korea, began in earnest.
According to industry sources on the 29th, the U.S. Intellectual Property Trial and Appeal Board (PTAB) refused to launch a trial filed by Hugel that the U.S. patent (U.S. Patent 11331598) on Medytox's method of separating botulinum toxin was invalid.
As a result, Medytox's related patents remain valid.
In the case of a U.S. patent invalidity trial, the relevant hearing is conducted only when the process begins, and a decision is made on whether to nullify the patent or not, so if the procedure does not begin, the trial process will end as it is.
Hugel said at the time of the trial that the patent of Medytox was not a progressive manufacturing technology, and that registering it as a patent could prevent latecomers from entering the market and hinder industrial development.
In response, Medytox insisted that patents should be recognized for PTAB, and PTAB accepted Medytox's claim, judging that the botulinum toxin complex has proven to be more efficiently separated in the range of hydrogen ion concentration (pH) below the conductive point (pI), which is the content of the Medytox patent.
Hugel and Medytox are also in the process of filing a lawsuit against botulinum toxin at the US International Trade Commission (ITC).
Alphabiz Reporter Kim Jisun(stockmk2020@alphabiz.co.kr)
