Amylin Can't Block Lilly's Rival Drug Sales: 9th Circ.

Law360, New York (October 31, 2011, 8:50 PM EDT) -- The Ninth Circuit on Monday affirmed a ruling denying Amylin Pharmaceuticals Inc.'s request to block Eli Lilly & Co. from allegedly violating a joint marketing agreement and breaching antitrust laws by selling Amylin's diabetes drug alongside rival treatments made by Boehringer Ingelheim GmbH.

A three-judge panel ruled that a California federal court had applied the law correctly when it denied Amylin's motion because the company had failed to show how it would suffer the irreparable harm that would warrant a preliminary injunction.

Amylin had told the...
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