Processing Magazine

Court Denies Injunction on Lilly in Amylin Case

June 9, 2011

According to the Associated Press, drugmaker Eli Lilly and Co. said that a federal court denied an Amylin Pharmaceuticals Inc. request for a preliminary injunction to keep Lilly from using the same sales force to sell a diabetes treatment the companies developed and another treatment from a rival drug company. The U.S. District Court for the Southern District of California also lifted a temporary restraining order against Lilly, which is headquartered in Indianapolis. Amylin, which is based in San Diego, sued Lilly last month, accusing the larger drug company of breaking their commercialization deal for diabetes drugs by teaming with the German company Boehringer Ingelheim to develop and sell a competing product. Amylin and Lilly entered an agreement in 2002 to develop and sell the type 2 diabetes treatment Byetta. Lilly then reached a deal earlier this year with Boehringer to develop and sell up to five drugs. One of those, the type 2 diabetes treatment linagliptin, received Food and Drug Administration approval in early May. Linagliptin goes by the brand name Tradjenta. The federal court initially imposed the preliminary injunction and restraining order last month.