Amylin Sues Exenatide Partner Lilly - Analyst Blog
May 17 2011 - 9:45AM
Zacks
Amylin Pharmaceuticals, Inc. (AMLN) is suing
its exenatide partner Eli Lilly and Company (LLY)
in the US District Court for the Southern District of California.
According to Amylin, Eli Lilly has violated its agreement with
Amylin for exenatide. Amylin believes that Eli Lilly is engaging in
anticompetitive activities thereby breaching its agreement for the
maximization of sales of exenatide.
Exenatide Partnership Dates Back to 2002
Amylin and Eli Lilly’s partnership dates back to 2002 when the
companies entered into a global development and commercialization
agreement for exenatide. Exenatide is currently available under the
trade name, Byetta. It is also being developed as a once-weekly
treatment (Bydureon) of type II diabetes.
While Eli Lilly co-promotes Byetta in the US with Amylin, the
former is primarily responsible for the ex-US development and
commercialization of Byetta and any sustained-release formulations
like Bydureon.
Concern Stems from Eli Lilly’s Agreement with Boehringer
Ingelheim
Amylin’s main complaint is regarding Eli Lilly’s recent global
alliance with Boehringer Ingelheim for the development and
commercialization of type II diabetes product, Tradjenta
(linagliptin). According to Amylin, Tradjenta, which received US
Food and Drug Administration (FDA) approval earlier this month,
will compete directly with the exenatide family.
Amylin believes the manner in which Eli Lilly intends to
implement the Tradjenta agreement shows that Eli Lilly is behaving
in an improper, unlawful and anticompetitive manner. Amylin, which
is seeking a preliminary and permanent injunction, is looking to
stop Eli Lilly from using the same sales force for promoting both
Byetta and Tradjenta.
Eli Lilly’s Response
In response to Amylin’s lawsuit, Eli Lilly issued a statement
denying the allegation. The company said that it has always
contributed significant resources and know-how to the exenatide
collaboration and remains committed to the alliance.
The company said that its alliances with Amylin and Boehringer
Ingelheim reflect its strategy of providing diabetes patients with
more treatment options.
Conclusion
There could be several outcomes to this lawsuit. While a
decision could be delivered in favor of either Amylin or Eli Lilly,
the companies could also decide to terminate the collaboration.
Another outcome could be an amicable settlement between the
companies. Meanwhile, investor focus will remain on the results of
the thorough QT (tQT) study being conducted for gaining FDA
approval of Bydureon. EU approval of Bydureon is expected by late
June.
AMYLIN PHARMA (AMLN): Free Stock Analysis Report
LILLY ELI & CO (LLY): Free Stock Analysis Report
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