Favorable Ruling for Lilly - Analyst Blog
June 09 2011 - 10:30AM
Zacks
Amylin Pharmaceuticals, Inc. (AMLN) suffered a
setback following a ruling by the United States District Court for
the Southern District of California in the company’s ongoing
lawsuit against Eli Lilly and Company (LLY).
Amylin had filed a motion seeking a preliminary injunction to
enjoin Eli Lilly from engaging in anticompetitive activity and
breaching its diabetes collaboration agreement with Amylin.
Amylin’s motion was denied by the court. The court also vacated a
temporary restraining order preventing Eli Lilly from using the
same sales force for selling exenatide as well as linagliptin
(trade name: Tradjenta).
Lawsuit Initiated in May 2011
Amylin had filed a lawsuit against its exenatide partner Eli
Lilly in May 2011. Amylin claimed that Eli Lilly is engaging in
anticompetitive activities thereby breaching its agreement for the
maximization of sales of exenatide.
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 in early May, 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 is
looking to stop Eli Lilly from using the same sales force for
promoting both Byetta and Tradjenta.
Amylin expressed disappointment at the latest ruling and said
that it intends to pursue the litigation.
Neutral on Amylin and Eli Lilly
We currently have Neutral recommendations on both Amylin and Eli
Lilly. Both companies carry a Zacks #3 Rank (short-term Hold
rating). We expect investor focus to 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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