Medy­tox hires ex-US at­tor­ney in bo­tox fight against Dae­woong

The Korea Times - - BUSINESS - By Nam Hyun-woo [email protected]­re­atimes.co.kr

For­mer act­ing United States At­tor­ney for the South­ern District of New York Joon Kim will lead Medy­tox’s le­gal bat­tle against Dae­woong Phar­ma­ceu­ti­cal over a bo­tulinum toxin (BTX) strain in the U.S., Medy­tox said Tues­day.

Kim served as the act­ing chief fed­eral law en­force­ment of­fi­cer in the district, en­com­pass­ing eight New York coun­ties, from 2017 to 2018, and now is a part­ner at Cleary Got­tlieb Steen & Hamil­ton LLP.

Kim joined the at­tor­ney’s of­fice in 2000 as an as­sis­tant U.S. at­tor­ney, and worked at the law firm from 2006 to 2013.

He re­joined the of­fice as chief coun­sel to the U.S. at­tor­ney in 2013 and was pro­moted to Deputy U.S. at­tor­ney in July 2015. He re­placed his pre­de­ces­sor Preet Bharara in March 2017 and re­turned to the law firm af­ter serv­ing his 300-day ten­ure.

Kim’s prac­tice fo­cuses on white-col­lar crim­i­nal de­fense, in­ter­nal cor­po­rate in­ves­ti­ga­tions and com­mer­cial lit­i­ga­tions such as the theft of trade se­crets, and eco­nomic es­pi­onage.

Cleary Got­tlieb is coun­sel­ing Medy­tox in the BTX maker’s U.S. In­ter­na­tional Trade Com­mis­sion (USITC) lit­i­ga­tion that Dae­woong stole Medy­tox’s BTX strain.

Medy­tox and Dae­woong have been locked in the dis­pute since 2016 as Medy­tox claims Dae­woong has stolen its BTX strain and used it for Dae­woong Nab­ota. Dae­woong claims it found the strain in a barn in Yon­gin, Gyeonggi Prov­ince. Start­ing from a 2016 po­lice com­plaint, Medy­tox filed a com­pen­sa­tion suit with the Or­ange County Court in south­ern Cal­i­for­nia in July 2017. But the U.S. court stayed the case and Medy­tox filed a sep­a­rate suit with the Seoul Cen­tral District Court three months later.

Medy­tox filed the suit with the USITC in Jan­uary this year, and the com­mis­sion has been col­lect­ing each firm’s BTX data since then.

The bat­tle be­tween the com­pa­nies is tak­ing place in the U.S. be­cause the coun­try is the largest BTX mar­ket in the world, ac­count­ing for nearly 50 per­cent of the 4.5 tril­lion-won ($3.8 bil­lion) global mar­ket.

Dae­woong won U.S. Food and Drug Ad­min­is­tra­tion ap­proval on Nab­ota in Fe­bru­ary and launched it in the U.S. mar­ket in May.

Medy­tox is yet to make an en­trance into the mar­ket.

For­mer act­ing U.S. At­tor­ney for the South­ern District of New York Joon Kim

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