Amylin Pharmaceuticals, Inc. vs. Eli Lilly and Company

The Situation

Amylin Pharmaceuticals, Inc. sued Eli Lilly and Company, alleging that Lilly’s proposed promotion of the diabetes drug Tradjenta would violate the terms of Amylin and Lilly’s co-promotion agreement for Byetta and cause irreparable harm to Amylin. Amylin moved for a preliminary injunction after securing a temporary restraining order (TRO).

NERA's Role

Dr. Sumanth Addanki submitted an affidavit on behalf of Lilly explaining that any harm suffered by Amylin could be quantified using standard economic techniques and that there was, therefore, no prospect of irreparable harm.

The Result

The judge agreed and denied the motion for injunctive relief.