Amylin Pharmaceuticals Inc. said Monday it filed a lawsuit against Eli Lilly and Co., accusing the larger drugmaker of breaking their commercialization deal for diabetes drugs by teaming with the German company Boehringer Ingelheim to develop and sell a competing product.
Amylin, which is based in San Diego, said Indianapolis-based Lilly is engaging in anticompetitive behavior by planning to develop and sell Boehringer's linagliptin, a treatment for adults with type 2 diabetes. Amylin and Lilly entered an agreement in 2002 to develop and sell the type 2 diabetes treatment Byetta.
The two companies also are seeking regulatory approval for a longer-lasting version of Byetta called Bydureon.
Amylin said it plans to continue working with Lilly, but it wants to keep Lilly from using the same sales force to sell both Byetta and linagliptin.
"We are disappointed we could not resolve this matter amicably and that we were forced to bring legal action to protect our rights, our products and our shareholders," Amilyn said in a statement.
Lilly said in January it would team with Boehringer to develop diabetes treatments.
Officials at Lilly weren't immediately available for comment on the lawsuit.