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Posts Tagged: "final initial determination"

ITC Decision to Review Final Initial Determination in Botox Case Could Have Big Implications for Trade Secrets

Last week, the United States International Trade Commission (ITC) issued a notice in the Matter of “Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same and Certain Products Containing Same,” Investigation No. 337-TA-1145, stating that the ITC has “determined to review in part a final initial determination (FID) of the presiding administrative law judge (ALJ) finding a violation of section 337 of the Tariff Act of 1930.”Last year, Allergan, the U.S. manufacturer of Botox, and Medytox, the Korean manufacturer of a similar product, filed a joint complaint against Daewoong, a Korean drug maker, under Section 337 of the Tariff Act of 1930, alleging that Daewoong had stolen Medytox’s botox strain trade secret in Korea and introduced it to the U.S. market. The FID was issued on July 6, 2020, wherein the ALJ found that certain products sold by the Korean drug maker Daewoong and its partner Evolus, Inc. violated section 337 through their importation and sale in the United States of a botulinum neurotoxin product “by reason of the misappropriation of trade secrets.”

TiVo stock pops 17 percent in trading after ITC judge issues Section 337 final initial determination against Comcast

An ITC administrative law judge issued a final initial determination finding Section 337 patent infringement violations committed by various entities, including Philadelphia-based telecom firm Comcast Corporation (NASDAQ:CMCSA), in light of two patents asserted by TiVo… News reports indicate that a final ruling on this Section 337 investigation is expected on September 26th after a full investigation, at which point the ITC could decide to block infringing products being imported by Comcast and others in the investigation from entering the U.S. market. In the first full day of trading after TiVo filed that 8-K with the SEC, shares of the company rose by about 17 percent.