Lilly Says Suit Is Without Merit, Will Vigorously Defend Position

Eli Lilly and Company LLY has provided the following statement in response to a lawsuit and motion for temporary restraining order filed by Amylin Pharmaceuticals, Inc. against Lilly. The action was filed in the United States District Court for the Southern District of California. "We believe the lawsuit is without merit and will vigorously defend our position," said Enrique Conterno, president of Lilly Diabetes. "Lilly has been and remains fully committed to fulfilling its obligations under its exenatide collaboration agreement with Amylin, as well as to complying with all laws and regulations. We look forward to building on the alliance's success achieved to date." "Our mission as a company is to bring needed therapeutic solutions to patients," added Conterno. "Significant unmet need exists among patients with diabetes, and the condition's prevalence and complications from it are projected to rise sharply as we look to the future. Lilly has a strong heritage of bringing new diabetes innovations to the market and we know that patients and health care professionals want choices to treat this complex disease throughout its progression." Since the alliance's inception, Lilly has devoted significant talent, resources, and know-how to the collaboration's efforts and has been instrumental in the success of the marketed medicine BYETTA® (exenatide injection) and in the development of BYDUREONTM (exenatide extended-release for injectable suspension), which received a positive opinion from the European Committee for Medicinal Products for Human Use in April. The alliance plans to submit a response to the U.S. Food and Drug Administration's complete response letter in the second half of 2011.