Lawsuit Will Seek Monetary Damages !!!
In the Judges written opinion he implies that a preliminary injuction was not warranted or needed only because there are already existing Laws and FDA requirements that serve to prohibit Lilly from doing anything under handed or unethical with its sales force against Byetta or Bydureon. That being said, the Judge also stated that although a preliminary injunction was not warranted, Amylin does have monetary recourse available to them in the lawsuit, if they can prove that Lilly's commerical actions limited Byetta and Bydureon from maximizing their full financial potential in the marketplace. Bottom-line the Judge told Amylin you have the FDA requirements and Laws in place that Lilly must follow and will serve to keep Lilly in check, to make sure they are doing the right thing for Byetta and Bydureon. The Judge also stated that there is no evidence right now that shows Lilly will not adhere to the FDA requiremets or the Law. As a result speculating today that Lilly will not do something in the future is not sufficient enough to warrant a preliminary injuction, however, once Lilly starts selling Tradjenta together with Byetta and Bydureon, their actions will be open for review and if they are not doing the right thing for Byetta and Bydureon, possible monetary damages could be warranted. It also seems that the Judge opposes Lilly's belief that oral medications should only compete with orals and injectables with injectables. Here is the courts opinion. Liily may be celebrating a small victory today by avoiding a preliminary injuction, but that's no guaranty they will not one day have to deal with an even bigger problem like forking over big bucks to Amylin for compensating damages.
http://investors.amylin.com/phoenix.zhtm...
Kevinmik
In the Judges written opinion he implies that a preliminary injuction was not warranted or needed only because there are already existing Laws and FDA requirements that serve to prohibit Lilly from doing anything under handed or unethical with its sales force against Byetta or Bydureon. That being said, the Judge also stated that although a preliminary injunction was not warranted, Amylin does have monetary recourse available to them in the lawsuit, if they can prove that Lilly's commerical actions limited Byetta and Bydureon from maximizing their full financial potential in the marketplace. Bottom-line the Judge told Amylin you have the FDA requirements and Laws in place that Lilly must follow and will serve to keep Lilly in check, to make sure they are doing the right thing for Byetta and Bydureon. The Judge also stated that there is no evidence right now that shows Lilly will not adhere to the FDA requiremets or the Law. As a result speculating today that Lilly will not do something in the future is not sufficient enough to warrant a preliminary injuction, however, once Lilly starts selling Tradjenta together with Byetta and Bydureon, their actions will be open for review and if they are not doing the right thing for Byetta and Bydureon, possible monetary damages could be warranted. It also seems that the Judge opposes Lilly's belief that oral medications should only compete with orals and injectables with injectables. Here is the courts opinion. Liily may be celebrating a small victory today by avoiding a preliminary injuction, but that's no guaranty they will not one day have to deal with an even bigger problem like forking over big bucks to Amylin for compensating damages.
http://investors.amylin.com/phoenix.zhtm...
Kevinmik