Allergan confirmed Monday that a U.S. district judge granted an injunction against Merz Pharmaceuticals for violating the State of California’s Uniform Trade Secrets Act. The injunction prevents Merz from selling or soliciting purchases of Xeomin in the facial aesthetics market for 10 months.
In a written decision, judge Andrew Guilford concluded that Merz misappropriated important trade secrets belonging to Allergan, including “the specific identities and financial details (including sales targets, actual sales amounts, and product volumes over time) of Allergan’s relationships with virtually all of its physician customers in the United States for Botox (onabotulinumtoxinA) and Juvederm, and a large segment of Allergan’s physician customers in the United States for Botox (for therapeutic indications).” Guildford also found that Merz misappropriated “Allergan’s strategic marketing plans, including its plans to address competition from Merz Aesthetics and Merz Therapeutics,” which the judge indicated represents “information [that] is incalculable.”
The drugmaker noted that the ruling 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.
