Botox rival Revance loses bid to dismiss Allergan trade secrets lawsuit

Revance Therapeutics

04/01/2024 16:47

By Mike Scarcella
       Jan 4 (Reuters) - A federal judge on Wednesday said
Botox maker AbbVie's  ABBV.N  Allergan unit can move ahead with
its lawsuit accusing Revance Therapeutics  RVNC.O  of taking its
confidential data to compete with Allergan's anti-wrinkle
injections and facial fillers.
    U.S. District Judge Eli Richardson in Nashville, Tennessee,
ruled that Allergan plausibly alleged that Revance had acquired
and used some of its rival’s trade secrets amid a series of new
hires from Allergan.
    Richardson said Allergan had “presented enough
circumstantial evidence” to overcome Revance’s initial bid to
dismiss the lawsuit, which was filed in April.
    Nashville-based Revance obtained U.S. regulatory approval in
2022 for an anti-wrinkle injectable product it markets as
Daxxify. Revance also separately is developing medication that
is biologically similar to Allergan’s Botox.
    Attorneys for Revance and a representative for the company
did not immediately respond to requests for comment on Thursday.
    AbbVie also did not immediately respond to a request for
comment.
    AbbVie acquired Botox, which launched in 2002, through its
$63 billion purchase of Allergan. The drug is also approved for
chronic migraine headaches and other therapeutic uses, in
addition to cosmetic purposes.
    Global Botox net revenue for cosmetics was $620 million in
the third quarter, and $748 million for therapeutics in the same
period, AbbVie reported in October.
    Allergan's lawsuit alleged Revance "accelerated" a plan to
recruit from Allergan regulatory professionals, in-house lawyers
and sales and marketing employees who were knowledgeable about
Botox and the company’s popular dermal filler Juvéderm.
    The lawsuit said “it would be very challenging (if not
impossible) to produce a biosimilar imitating Botox" without
Allergan's confidential information.
    Revance in seeking dismissal of the lawsuit said Allergan
had not shown Revance had access to any of the trade secrets at
issue and called the allegations "nonsensical." It said Allergan
had “raced to the courthouse” after Revance won additional
regulatory clearances to ramp up production of Daxxify.
    Revance said in a court filing that Daxxify “represents a
significant threat” to Botox.
    
    The case is Allergan Inc v. Revance Therapeutics Inc, U.S.
District Court for the Middle District of Tennessee, No.
3:23-cv-00431.
    For Allergan: Jennifer Baldocchi and Eric Dittmann of Paul
Hastings; and William (Zan) Blue of Constangy, Brooks, Smith &
Prophete
    For Revance: Katie Molloy, James Boudreau and Gregory
Bombard of Greenberg Traurig
    
    Read more:
    Allergan accuses Botox rival Revance of employee raiding in
US lawsuit

 (Reporting by Mike Scarcella)
 ((Mike.Scarcella@thomsonreuters.com;))