Evolus Not Affected by Recent Korean Court Ruling
11 February 2023 - 03:07AM
Business Wire
No Effect on Manufacture, Export, Supply or
Sale of Jeuveau® or Nuceiva®
Settlement Agreement with Medytox Provided for
Continued Manufacturing and Commercialization for Evolus Regardless
of Any Litigation Between Medytox and Daewoong
Evolus, Inc. (NASDAQ: EOLS), a performance beauty company with a
customer-centric approach focused on delivering breakthrough
products, issued the following statement.
Earlier today, the Seoul Central District Court ruled in favor
of Medytox, Inc. related to a long-standing trade secret dispute
between Medytox and Daewoong Pharmaceutical Co. Ltd.
The recent ruling by the Seoul Central District Court does not
affect Evolus’ ability to have Jeuveau® or Nuceiva® manufactured
and exported by Daewoong or to sell the products in any of its
markets.
As part of Evolus’ global settlement with Medytox in February
2021, the parties resolved all litigation between the two parties
and specifically stated that any Korean litigation between Medytox
and Daewoong would not affect the supply of Jeuveau® or Nuceiva®.
The rights granted to Evolus under the settlement include the right
to have Jeuveau® and Nuceiva® manufactured and exported by Daewoong
to Evolus and for Evolus to continue to commercialize the
product.
A publicly filed version of our settlement agreement is
available as an exhibit to the Company’s Annual Report on Form 10-K
and located here:
https://www.sec.gov/Archives/edgar/data/1570562/000157056221000141/a3312110qex103.htm
About Evolus, Inc.
Evolus (Nasdaq: EOLS) is a performance beauty company evolving
the aesthetic neurotoxin market for the next generation of beauty
consumers through its unique, customer-centric business model and
innovative digital platform. Our mission is to become a global,
multi-product aesthetics company based on our flagship product,
Jeuveau® (prabotulinumtoxinA-xvfs), the first and only neurotoxin
dedicated exclusively to aesthetics and manufactured in a
state-of-the-art facility using Hi-Pure™ technology. Visit us at
www.evolus.com, and follow us on LinkedIn, Twitter, Instagram or
Facebook.
Forward-Looking Statements
This press release contains forward-looking statements as
defined under the Private Securities Litigation Reform Act of 1995
that involve risks and uncertainties, including statements based on
our current expectations, assumptions, estimates and projections
about future events, our business, financial condition, results of
operations and prospects, our industry and the regulatory
environment in which we operate. Any statements contained herein
that are not statements of historical facts may be deemed to be
forward-looking statements. In some cases, you can identify
forward-looking statements by terms such as “anticipate,”
“believe,” “could,” “estimate,” “expect,” “intend,” “may,” “plan,”
“potential,” “predict,” “project,” “should,” “will,” “would” or the
negative of those terms, or other comparable terms intended to
identify statements about the future. The company’s forward-looking
statements include, but are not limited to, statements related to
the company’s expectations regarding the company’s ongoing clinical
trial, related research and development activities and commercial
potential for the “extra-strength” formulation.
The forward-looking statements included herein are subject to
risks and uncertainties that could cause actual results to differ
materially from those expressed or implied by the forward-looking
statements. These risks and uncertainties, all of which are
difficult or impossible to predict accurately and many of which are
beyond our control, include, but are not limited to uncertainties
associated with our ability to comply with the terms and conditions
in the Allergan/Medytox Settlement Agreements, our ability to fund
our future operations or obtain financing to fund our operations,
the continued impact of COVID-19 or other outbreaks of contagious
diseases on our business, unfavorable global economic conditions
and the impact on consumer discretionary spending, uncertainties
related to customer and consumer adoption of Jeuveau®, the
efficiency and operability of our digital platform, competition and
market dynamics, our ability to successfully launch and
commercialize our products in new markets, our ability to
successfully broaden our product portfolio, our ability to maintain
regulatory approvals of Jeuveau® or obtain regulatory approvals for
new product candidates or indications and other risks described in
our filings with the Securities and Exchange Commission, including
in the section entitled “Risk Factors” in our Quarterly Report on
Form 10-Q for the quarter ended September 30, 2022 filed with the
Securities and Exchange Commission on November 8, 2022. These
filings can be accessed online at www.sec.gov. Readers are
cautioned not to place undue reliance on these forward-looking
statements, which speak only as of the date hereof. Except as
required by law, we undertake no obligation to update or revise any
forward-looking statements to reflect new information, changed
circumstances or unanticipated events. If we do update or revise
one or more of these statements, investors and others should not
conclude that we will make additional updates or corrections.
Jeuveau® and Nuceiva® are registered trademarks of Evolus, Inc.
Hi-Pure™ is a trademark of Daewoong Pharmaceutical Co, Ltd.
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version on businesswire.com: https://www.businesswire.com/news/home/20230210005288/en/
Investor Contact: David K.
Erickson, Evolus, Inc. Vice President, Investor Relations Tel:
949-966-1798 Email: david.erickson@evolus.com Media Contact: Email: media@evolus.com
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