Amylin Pharmaceuticals, Inc. today announced that the United States
District Court for the Southern District of California issued a temporary
restraining order (TRO) against Eli Lilly and Company relating to its
litigation with respect to the Amylin / Lilly diabetes collaboration agreement.
The U.S. District Court restrained Lilly from proceeding
with its plans to use the same sales force to sell both exenatide and Boehringer
Ingelheim GmbH’s competitive linagliptin. The court also enjoined Lilly from
disclosing any confidential information about exenatide to any of its sales
representatives or employees participating in the marketing, promotion or sale
The complete order is being filed today on Amylin’s Current
Report on Form 8-K with the Securities and Exchange Commission.
In 2002, Amylin entered an alliance with Lilly for the
global development and commercialization of exenatide, a medicine indicated as
a first line treatment for type 2 diabetes that is currently marketed as BYETTA
(exenatide) injection. Exenatide is also the active ingredient in BYDUREONT
(exenatide extended-release for injectable suspension), a once-weekly version
currently under review by the FDA.