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Amylin takes Lilly to court

Amylin files lawsuit against Eli Lilly over alleged breaches of its agreements for the commercialisation of exenatide

Amylin Pharmaceuticals has filed a lawsuit against Eli Lilly and Company in the United States District Court for the Southern District of California, alleging that Lilly is engaging in anticompetitive activity and breaching its agreements to maximise commercialisation of exenatide.

In 2002, Amylin entered an alliance with Lilly for the global development and commercialisation of exenatide, a medicine indicated as a first line treatment for type 2 diabetes that is being marketed as Byetta (exenatide) injection. Exenatide is also the active ingredient in Bydureon (exenatide extended-release for injectable suspension), a once-weekly version under review by the FDA.

Amylin alleges that Lilly is engaging in improper, unlawful and anticompetitive behaviour in the manner in which it plans to implement its recently announced global alliance agreement with Boehringer Ingelheim to jointly develop and commercialise Boehringer's linagliptin product, which will compete with Amylin's exenatide products.

Amylin said: "We are disappointed that we could not resolve this matter amicably and that we were forced to bring legal action to protect our rights, our products and our shareholders. Notwithstanding this litigation, we intend to continue to collaborate with Lilly in the development and commercialisation of exenatide products."

In response, Enrique Conterno, president of Lilly Diabetes, said: "We emphatically reject the allegation that we did not meet our contractual obligations under the Lilly and Amylin alliance.

"Lilly has been and remains fully committed to fulfilling its obligations under its exenatide collaboration agreement with Amylin as well as to complying with all laws and regulations," he added.

17th May 2011

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