Ninth Circuit Affirms Ruling Unblocking Lilly’s Byetta Sales in Diabetes Partnership Dispute

In a not-for-publication opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling allowing Eli Lilly and Co. to sell Amylin Pharmaceuticals Inc.'s diabetes drug Byetta at the same time it also was selling a competing diabetes drug, Boehringer Ingelheim’s Tradjenta (Amylin Pharmaceuticals Inc. v. Eli Lilly and Co., 9th Cir., 11-55939, 10/31/11).

In May, Amylin sued Lilly in the U.S. District Court for the Southern District of California, claiming that Lilly’s sales of Byetta (exenatide) at the same time it also was selling a competing diabetes drug, Boehringer Ingelheim’s Tradjenta (linagliptin), breached a ...