Xeomin Injunction Stands; Another Hearing Scheduled for Tomorrow

Handing down his order as promised on Friday, US District Court Judge Andrew J. Guilford imposed a 10-month injunction barring Merz from selling or soliciting purchases of Xeomin®, in the US facial aesthetics market for 10 months. However, Judge Guilford called for another hearing on the case, originally filed by Allergan, tomorrow afternoon. Merz has declined comment on the decision but notes that, in light of tomorrow's scheduled hearing, the case continues to be remediated. Allergan, maker and distributor of Botox® Cosmetic, reported details of the decision today. Quoting Friday's ruling, Allergan noted that Judge Guilford indicated that Merz had gained access to, “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® Cosmetic (onabotulinumtoxinA) and Juvederm® and a large segment of Allergan's physician customers in the United States for Botox® (for therapeutic indications).” The court also found that Merz accessed, “Allergan's strategic marketing plans, including its plans to address competition from Merz Aesthetics and Merz Therapeutics. The value of this information is incalculable.”