Amylin Calls For Lilly Marketing Injunction In 9th Circ.

Law360, Los Angeles (October 11, 2011, 7:51 PM EDT) -- Amylin Pharmaceuticals Inc. told the Ninth Circuit on Tuesday that a lower court wrongly refused to block Eli Lilly & Co. from allegedly violating a joint marketing agreement by selling Amylin's diabetes drug alongside rival treatments made by Boehringer Ingelheim GmbH.

Amylin told a three-judge panel that Lilly sales representatives tasked with promoting Byetta, which treats type 2 diabetes, were instructed to pitch the medication to doctors as a secondary option behind Boehringer's Tradjenta.

The decision to relegate Amylin's medication violates the terms of the marketing...
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