U.S. District Judge Andrew J. Guilford in Santa Ana, California, today issued an injunction against Merz following a trial without a jury. Guilford, in a ruling from a bench, said his written findings and conclusions will be released March 9 with an order that will specify the length and terms of the injunction.
Guilford cited “dramatic examples of misappropriation” of Allergan’s proprietary information, saying he was troubled that some Allergan employees signed contracts with Merz and then delayed giving final notice to begin e-mailing company data to themselves.
Merz’s Xeomin hasn’t yet gained any appreciable share in the US market, so the immediate effect of this injunction will be minimal. However, Xeomin is a fine product, so a long-term injunction could indeed be consequential, helping both AGN and MRX (the maker of Dysport).
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”