Allergan Inc. (AGN) Monday reported a ruling by U.S. District Judge Andrew Guilford which imposed an injunction against Merz Pharmaceuticals and Merz Aesthetics for violating the State of California's Uniform Trade Secrets Act. The injunction prevents Merz from selling Xeomin for 10 months, on the grounds that Merz "misappropriated" financial information relating to Allergan products Botox Cosmetic and Juvederm.
The ruling, the company said, followed decisions in Germany's Hamburg Regional Court and also in Spain which prevent Merz from claiming that Xeomin is an equivalent treatment to Botox. Allergan quoted the judge as noting "the right of free competition does not include the right to use the confidential work product of others." This "work product", whose value was "incalculable", included identities of US-based physician customers for the Allergan products, as well as "strategic" marketing plans.
by RTT Staff Writer
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