Allergan, Merz neurology news

The U.S. District Court for the Central District of California granted a motion from Merz to modify a permanent injunction and terminate portions that prevented Merz from selling Xeomin incobotulinumtoxinA. In March, the court entered an injunction order preventing Merz from selling Xeomin in facial aesthetics indications or in therapeutic indications to certain physicians for 10 months. As modified, the court will lift the restrictions preventing Merz from selling Xeomin in the therapeutics market and from selling or purchasing dermal filler products in the facial aesthetics market as of Nov. 1, about two months shy of the original 10-month period. The injunction preventing Merz from selling Xeomin in the facial aesthetic market will remain intact until Jan. 9, 2013. Additionally, the court immediately lifted the restriction enjoining Merz from retaining, disclosing or using Allergan's trade secrets. Merz could not be reached for comment.

In its March order, the court concluded that Merz violated California's Uniform Trade Secrets Act by misappropriating 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 its physician customers in the U.S. for Allergan's neurology products Botox onabotulinumtoxinA, Botox Cosmetic and Juvederm. Allergan filed the suit in August 2010 following suspected disclosure of trade secrets to Merz by former Allergan sales employees that were recruited by Merz while still employed at Allergan. Merz launched Xeomin in the U.S. in September 2010 (see BioCentury, Oct. 10, 2010 & March 19, 2012). ...