Amylin obtains temporary restraining order against Eli Lilly

Published: 26-May-2011

Biopharmaceutical firm has concerns about diabetes collaboration agreed in 2002


The US District Court for the Southern District of California has issued a temporary restraining order (TRO) against Eli Lilly as a result of Amylin’s lawsuit regarding a diabetes collaboration agreement between the two firms.

Amylin alleges that Lilly is ‘engaging in improper, unlawful and anticompetitive behaviour’ in order to maximise commercialisation of diabetes treatment exenatide.

The US District Court has restrained Lilly from proceeding with its plans to use the same sales force to sell both exenatide and Boehringer Ingelheim's competitive linagliptin.

The court also enjoined Lilly from disclosing any confidential information about exenatide to any of its sales representatives or employees participating in the marketing, promotion or sale of linagliptin.

Amylin entered an alliance with Lilly in 2002 for the global development and commercialisation of exenatide, currently marketed as Byetta (exenatide) injection. Exenatide is also the active ingredient in Bydureon (exenatide extended-release for injectable suspension), a once-weekly version currently under review by the US FDA.

Lilly’s senior vice president and general counsel Robert Armintage said Lilly was ‘disappointed’ with the Court's decision, stating that the company had ‘complied with our contractual obligations under our agreements with Amylin in a manner fully consistent with all applicable laws’.

He added that Amylin's allegations are ‘entirely without merit and we fully expect to prevail in this litigation’.

The company added that it is taking the appropriate steps to comply with the Court's order, while working to mitigate the impact of any temporary modifications to its diabetes business.

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