Amylin wins order against Lilly

Amylin Pharmaceuticals has won a temporary restraining order preventing Eli Lilly and Company from using the same sales force to sell both the diabetes drug Byetta (exenatide), which Lilly comarkets with Amylin, and the diabetes drug linagliptin, which Lilly comarkets with Boehringer Ingelheim.

The order was granted by the US District Court for the Southern District of California, which also instructs Lilly to refrain from disclosing any confidential information about exenatide to any of its sales representatives or employees participating in the marketing, promotion or sale of linagliptin.

"We are disappointed with the Court's decision to grant a temporary restraining order in this case," said Robert A Armitage, senior vice president and general counsel for Lilly.

"We have complied with our contractual obligations under our agreements with Amylin in a manner fully consistent with all applicable laws. We believe that Amylin's allegations against Lilly are entirely without merit and we fully expect to prevail in this litigation."

Lilly said it is taking the appropriate steps to comply with the restraining order, "while working to mitigate the impact of any temporary modifications to its diabetes business."

Amylin filed its lawsuit against Lilly earlier this month 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. 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 alliance to jointly develop and commercialise Boehringer's linagliptin product, which will compete with Amylin's exenatide products.