Hearing and deposition testimony | Technology:  Trade secrets including the manufacturing process and bacterium strain used in manufacturing certain botulinum toxin products

Case issues:  Determining whether a domestic industry exists in the United States for botulinum toxin products, including BOTOX® Cosmetic, determining whether such domestic industry will be harmed by the importation of a competing botulinum toxin product, Jeuveau®, and determining the appropriate remedy and bond

Ocean Tomo opined that a domestic industry existed for the domestic industry products, including BOTOX® Cosmetic alone, due to Allergan’s substantial, significant, and extensive investments and activities in the United States and that Respondents’ importation and sale of the accused Jeuveau® product has the threat and effect of substantially injuring the domestic industry that exists for the domestic industry products.  In the ITC’s Final Initial Determination, dated July 6, 2020, the ITC determined that the domestic industry requirement had been satisfied, confirming Ocean Tomo’s analysis.