In the Matter of Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same and Certain Products Containing Same
Claims: Trade Secret Misappropriation
Technology: Botulinum toxin products
Scope of Involvement: Report, Deposition, Hearing Testimony
Medytox brought suit against several respondents who were accused of importing botulinum toxin products that misappropriated certain manufacturing related trade secrets. Ocean Tomo offered testimony related to the existence of a domestic industry and whether any such domestic industry would be destroyed, or substantially injured, by the importation of the infringing products.
Consistent with Ocean Tomo’s opinions, the Commission found that the domestic industry requirement had been satisfied and that respondent’s importation and sale of the infringing botulinum toxin product threatened to destroy, or substantially injure, Medytox’s domestic industry and/or domestic industry products.