On May 16th, Amylin Pharmaceuticals announced that it had filed a lawsuit against Eli Lilly alleging that Lilly is engaging in anticompetitive activity and breaching its strategic alliance agreements with Amylin to maximize commercialization of BYETTA® (exenatide) injection, a first line treatment for type 2 diabetes. In September 2002, Amylin and Lilly entered into a Collaboration Agreement, U.S. Co-promotion Agreement and several related agreements for the development and commercialization of BYETTA...Since the complaint was filed under seal, we do not know Amylin's specific arguments as to how Lilly breached the agreements with Amylin. These agreements have been publicly filed with the SEC (see [here] for the Co-Promotion Agreement and [here] for the Collaboration Agreement), so a review of some of the provisions may shed some light on the possible arguments by each party. … Continue reading this entry