LLY » Topics » Business Development

This excerpt taken from the LLY 10-K filed Feb 22, 2010.
Business Development
 
  •  We entered into an exclusive worldwide license and collaboration agreement with Incyte for the development and commercialization of Incyte’s oral JAK1/JAK2 inhibitor, and certain follow-on compounds, for inflammatory and autoimmune diseases. The lead compound is currently being studied in a six-month dose-ranging Phase II trial for rheumatoid arthritis.
 
  •  We entered into a co-promotion agreement with Kowa Pharmaceutical America to commercialize Livalo® (pitavastatin) in the United States. Lilly and Kowa Company, Limited have also entered into a licensing agreement in Latin America. Livalo is a statin approved by the FDA in August 2009 for the treatment of primary hyperlipidemia and mixed dyslipidemia. We plan to launch Livalo in the U.S. in mid-2010.
 
  •  In January 2010, we restructured the collaboration agreement executed by Bristol-Myers Squibb and ImClone in 2001 to allow for the co-development and co-commercialization of the late-stage oncology molecule necitumumab (IMC-11F8), which is currently in Phase III clinical testing for non-small cell lung cancer. Under the restructured agreement, both companies will share in the cost of developing and potentially commercializing necitumumab in the U.S., Canada and Japan. We maintain exclusive rights to necitumumab in all other markets.
 
These excerpts taken from the LLY 10-K filed Oct 21, 2008.
Business Development
 
•  In December, we entered into a licensing and development agreement with BioMS Medical Corp. whereby we acquired exclusive worldwide rights to a multiple sclerosis (MS) compound. The compound is currently being evaluated in two pivotal Phase III clinical trials in secondary progressive MS (SPMS) and one Phase II clinical trial in relapsing-remitting MS (RRMS). In connection with this agreement, we will incur a charge to earnings for acquired IPR&D of $87.0 million (pretax), which will be included as expense in the first quarter of 2008.
 
•  In October, we entered into an agreement with Glenmark Pharmaceuticals Limited India whereby we acquired the rights to a portfolio of transient receptor potential vanilloid sub-family 1 (TRPV1) antagonist molecules, including a clinical-phase compound. The compound is currently in Phase II development as a potential next-generation treatment for various pain conditions, including osteoarthritic pain.
 
•  In October, we entered into a global strategic alliance with MacroGenics, Inc., to develop and commercialize teplizumab, a humanized anti-CD3 monoclonal antibody, as well as other potential next-generation anti-CD3 molecules for use in the treatment of autoimmune diseases. As part of the arrangement, we acquired the exclusive rights to the molecule. Teplizumab is currently being studied in the PROTÉGÉ trial, a global pivotal Phase II/III clinical trial for individuals with recent-onset type 1 diabetes.
 
•  In June, we completed the acquisition of Ivy Animal Health, Inc., a privately held applied research and pharmaceutical product development company focused on the animal health industry. The acquisition provides us with product lines that complement those of our animal health business.
 
•  In April, we completed the acquisition of Hypnion, Inc., a privately held neuroscience drug discovery company focused on sleep disorders. The deal expands our presence in the area of sleep disorder research and provides ownership of a novel Phase II insomnia compound with a dual mechanism of action aimed at promoting better sleep onset and sleep maintenance.
 
•  In January, we completed the acquisition of ICOS at a cost of approximately $2.3 billion. The acquisition brings the full value of Cialis to us and enables us to realize operational efficiencies in the further development, marketing, and selling of this product.
 
•  In January, we licensed from OSI Pharmaceuticals its glucokinase activator (GKA) program for the treatment of type 2 diabetes, including the lead compound. Lilly received an exclusive license to develop and market any compounds derived from the GKA program.
 
Legal, Regulatory, and Other Matters
 
In October, the United States Supreme Court denied the petitions for certiorari that were filed by Teva Pharmaceuticals and Dr. Reddy’s Laboratories, bringing to an end the two companies’ challenges to the validity of Lilly’s U.S. Zyprexa patent.
 
In June, we received notice of two court rulings by the Canadian Federal Court and the German Patent Court that permit the entry of generic olanzapine (Zyprexa) by competitors into the Canadian and German markets. Generic olanzapine is now available for sale by competitors in Canada and Germany.


-19-


Table of Contents

We have reached agreements with claimants’ attorneys involved in U.S. Zyprexa product liability litigation to settle a total of approximately 31,200 claims against us relating to the medication. Approximately 1,235 claims remain. As a result of our product liability exposures, since the beginning of 2005, we have recorded aggregate net pretax charges of $1.61 billion for Zyprexa product liability matters.
 
In March 2004, we were notified by the U.S. Attorney’s office for the Eastern District of Pennsylvania (EDPA) that it had commenced an investigation relating to our U.S. marketing and promotional practices for Zyprexa, Prozac®, and Prozac Weeklytm. In November 2007, we received a grand jury subpoena from the EDPA requesting documents related to Zyprexa.
 
In the United States, the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) continues to effectively provide a prescription drug benefit under the Medicare program (known as Medicare Part D). Various measures have been discussed and/or passed in both the U.S. House of Representatives and U.S. Senate that would impose additional pricing pressures on our products, including proposals to legalize the importation of prescription drugs and either allow, or require, the Secretary of Health and Human Services to negotiate drug prices within Medicare Part D directly with pharmaceutical manufacturers. Additionally, various proposals have been introduced that would increase the rebates we pay on sales to Medicaid patients. We expect pricing pressures at the federal and state levels to continue.
 
In 2007, the Centers for Medicare and Medicaid Services released a final rule seeking to implement sections of the Deficit Reduction Act of 2005. This rule relates to the Medicaid program and among other things, sets out a methodology for the calculation and use of Average Manufacturer Price and Best Price for pharmaceuticals. We have implemented the final rule, which has the effect of reducing net selling prices for Medicaid sales; however, we do not expect the impact to be material to our consolidated results of operations, liquidity, or financial position.
 
International operations also are generally subject to extensive price and market regulations, and there are many proposals for additional cost-containment measures, including proposals that would directly or indirectly impose additional price controls or reduce the value of our intellectual property protection.
 
Business
Development



 




































































• 
In December, we entered into a licensing and development
agreement with BioMS Medical Corp. whereby we acquired exclusive
worldwide rights to a multiple sclerosis (MS) compound. The
compound is currently being evaluated in two pivotal
Phase III clinical trials in secondary progressive MS
(SPMS) and one Phase II clinical trial in
relapsing-remitting MS (RRMS). In connection with this
agreement, we will incur a charge to earnings for acquired
IPR&D of $87.0 million (pretax), which will be
included as expense in the first quarter of 2008.
 
• 
In October, we entered into an agreement with Glenmark
Pharmaceuticals Limited India whereby we acquired the rights to
a portfolio of transient receptor potential vanilloid
sub-family 1
(TRPV1) antagonist molecules, including a clinical-phase
compound. The compound is currently in Phase II development
as a potential next-generation treatment for various pain
conditions, including osteoarthritic pain.
 
• 
In October, we entered into a global strategic alliance with
MacroGenics, Inc., to develop and commercialize teplizumab, a
humanized anti-CD3 monoclonal antibody, as well as other
potential next-generation anti-CD3 molecules for use in the
treatment of autoimmune diseases. As part of the arrangement, we
acquired the exclusive rights to the molecule. Teplizumab is
currently being studied in the PROTÉGÉ trial, a global
pivotal Phase II/III clinical trial for individuals with
recent-onset type 1 diabetes.
 
• 
In June, we completed the acquisition of Ivy Animal Health,
Inc., a privately held applied research and pharmaceutical
product development company focused on the animal health
industry. The acquisition provides us with product lines that
complement those of our animal health business.
 
• 
In April, we completed the acquisition of Hypnion, Inc., a
privately held neuroscience drug discovery company focused on
sleep disorders. The deal expands our presence in the area of
sleep disorder research and provides ownership of a novel
Phase II insomnia compound with a dual mechanism of action
aimed at promoting better sleep onset and sleep maintenance.
 
• 
In January, we completed the acquisition of ICOS at a cost of
approximately $2.3 billion. The acquisition brings the full
value of Cialis to us and enables us to realize operational
efficiencies in the further development, marketing, and selling
of this product.
 
• 
In January, we licensed from OSI Pharmaceuticals its glucokinase
activator (GKA) program for the treatment of type 2 diabetes,
including the lead compound. Lilly received an exclusive license
to develop and market any compounds derived from the GKA program.


 




Legal,
Regulatory, and Other Matters



 



In October, the United States Supreme Court denied the petitions
for certiorari that were filed by Teva Pharmaceuticals and
Dr. Reddy’s Laboratories, bringing to an end the two
companies’ challenges to the validity of Lilly’s
U.S. Zyprexa patent.


 



In June, we received notice of two court rulings by the Canadian
Federal Court and the German Patent Court that permit the entry
of generic olanzapine (Zyprexa) by competitors into the Canadian
and German markets. Generic olanzapine is now available for sale
by competitors in Canada and Germany.





-19-





Table of Contents






We have reached agreements with claimants’ attorneys
involved in U.S. Zyprexa product liability litigation to
settle a total of approximately 31,200 claims against us
relating to the medication. Approximately 1,235 claims remain.
As a result of our product liability exposures, since the
beginning of 2005, we have recorded aggregate net pretax charges
of $1.61 billion for Zyprexa product liability matters.


 



In March 2004, we were notified by the U.S. Attorney’s
office for the Eastern District of Pennsylvania (EDPA) that it
had commenced an investigation relating to our
U.S. marketing and promotional practices for Zyprexa,
Prozac®,

and Prozac
Weeklytm.

In November 2007, we received a grand jury subpoena from the
EDPA requesting documents related to Zyprexa.


 



In the United States, the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (MMA) continues to
effectively provide a prescription drug benefit under the
Medicare program (known as Medicare Part D). Various
measures have been discussed
and/or
passed in both the U.S. House of Representatives and
U.S. Senate that would impose additional pricing pressures
on our products, including proposals to legalize the importation
of prescription drugs and either allow, or require, the
Secretary of Health and Human Services to negotiate drug prices
within Medicare Part D directly with pharmaceutical
manufacturers. Additionally, various proposals have been
introduced that would increase the rebates we pay on sales to
Medicaid patients. We expect pricing pressures at the federal
and state levels to continue.


 



In 2007, the Centers for Medicare and Medicaid Services released
a final rule seeking to implement sections of the Deficit
Reduction Act of 2005. This rule relates to the Medicaid program
and among other things, sets out a methodology for the
calculation and use of Average Manufacturer Price and Best Price
for pharmaceuticals. We have implemented the final rule, which
has the effect of reducing net selling prices for Medicaid
sales; however, we do not expect the impact to be material to
our consolidated results of operations, liquidity, or financial
position.


 



International operations also are generally subject to extensive
price and market regulations, and there are many proposals for
additional cost-containment measures, including proposals that
would directly or indirectly impose additional price controls or
reduce the value of our intellectual property protection.


 




These excerpts taken from the LLY 10-K filed Feb 29, 2008.
Business Development
 
•  In December, we entered into a licensing and development agreement with BioMS Medical Corp. whereby we acquired exclusive worldwide rights to a multiple sclerosis (MS) compound. The compound is currently being evaluated in two pivotal Phase III clinical trials in secondary progressive MS (SPMS) and one Phase II clinical trial in relapsing-remitting MS (RRMS). In connection with this agreement, we will incur a charge to earnings for acquired IPR&D of $87.0 million (pretax), which will be included as expense in the first quarter of 2008.
 
•  In October, we entered into an agreement with Glenmark Pharmaceuticals Limited India whereby we acquired the rights to a portfolio of transient receptor potential vanilloid sub-family 1 (TRPV1) antagonist molecules, including a clinical-phase compound. The compound is currently in Phase II development as a potential next-generation treatment for various pain conditions, including osteoarthritic pain.
 
•  In October, we entered into a global strategic alliance with MacroGenics, Inc., to develop and commercialize teplizumab, a humanized anti-CD3 monoclonal antibody, as well as other potential next-generation anti-CD3 molecules for use in the treatment of autoimmune diseases. As part of the arrangement, we acquired the exclusive rights to the molecule. Teplizumab is currently being studied in the PROTÉGÉ trial, a global pivotal Phase II/III clinical trial for individuals with recent-onset type 1 diabetes.
 
•  In June, we completed the acquisition of Ivy Animal Health, Inc., a privately held applied research and pharmaceutical product development company focused on the animal health industry. The acquisition provides us with product lines that complement those of our animal health business.
 
•  In April, we completed the acquisition of Hypnion, Inc., a privately held neuroscience drug discovery company focused on sleep disorders. The deal expands our presence in the area of sleep disorder research and provides ownership of a novel Phase II insomnia compound with a dual mechanism of action aimed at promoting better sleep onset and sleep maintenance.
 
•  In January, we completed the acquisition of ICOS at a cost of approximately $2.3 billion. The acquisition brings the full value of Cialis to us and enables us to realize operational efficiencies in the further development, marketing, and selling of this product.
 
•  In January, we licensed from OSI Pharmaceuticals its glucokinase activator (GKA) program for the treatment of type 2 diabetes, including the lead compound. Lilly received an exclusive license to develop and market any compounds derived from the GKA program.
 
Legal, Regulatory, and Other Matters
 
In October, the United States Supreme Court denied the petitions for certiorari that were filed by Teva Pharmaceuticals and Dr. Reddy’s Laboratories, bringing to an end the two companies’ challenges to the validity of Lilly’s U.S. Zyprexa patent.
 
In June, we received notice of two court rulings by the Canadian Federal Court and the German Patent Court that permit the entry of generic olanzapine (Zyprexa) by competitors into the Canadian and German markets. Generic olanzapine is now available for sale by competitors in Canada and Germany.
 
We have reached agreements with claimants’ attorneys involved in U.S. Zyprexa product liability litigation to settle a total of approximately 31,200 claims against us relating to the medication. Approximately 1,235 claims remain. As a result of our product liability exposures, since the beginning of 2005, we have recorded aggregate net pretax charges of $1.61 billion for Zyprexa product liability matters.


-19-


 

In March 2004, we were notified by the U.S. Attorney’s office for the Eastern District of Pennsylvania (EDPA) that it had commenced an investigation relating to our U.S. marketing and promotional practices for Zyprexa, Prozac®, and Prozac Weeklytm. In November 2007, we received a grand jury subpoena from the EDPA requesting documents related to Zyprexa.
 
In the United States, the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) continues to effectively provide a prescription drug benefit under the Medicare program (known as Medicare Part D). Various measures have been discussed and/or passed in both the U.S. House of Representatives and U.S. Senate that would impose additional pricing pressures on our products, including proposals to legalize the importation of prescription drugs and either allow, or require, the Secretary of Health and Human Services to negotiate drug prices within Medicare Part D directly with pharmaceutical manufacturers. Additionally, various proposals have been introduced that would increase the rebates we pay on sales to Medicaid patients. We expect pricing pressures at the federal and state levels to continue.
 
In 2007, the Centers for Medicare and Medicaid Services released a final rule seeking to implement sections of the Deficit Reduction Act of 2005. This rule relates to the Medicaid program and among other things, sets out a methodology for the calculation and use of Average Manufacturer Price and Best Price for pharmaceuticals. We have implemented the final rule, which has the effect of reducing net selling prices for Medicaid sales; however, we do not expect the impact to be material to our consolidated results of operations, liquidity, or financial position.
 
International operations also are generally subject to extensive price and market regulations, and there are many proposals for additional cost-containment measures, including proposals that would directly or indirectly impose additional price controls or reduce the value of our intellectual property protection.
 
Business
Development



 




































































• 
In December, we entered into a licensing and development
agreement with BioMS Medical Corp. whereby we acquired exclusive
worldwide rights to a multiple sclerosis (MS) compound. The
compound is currently being evaluated in two pivotal
Phase III clinical trials in secondary progressive MS
(SPMS) and one Phase II clinical trial in
relapsing-remitting MS (RRMS). In connection with this
agreement, we will incur a charge to earnings for acquired
IPR&D of $87.0 million (pretax), which will be
included as expense in the first quarter of 2008.
 
• 
In October, we entered into an agreement with Glenmark
Pharmaceuticals Limited India whereby we acquired the rights to
a portfolio of transient receptor potential vanilloid
sub-family 1
(TRPV1) antagonist molecules, including a clinical-phase
compound. The compound is currently in Phase II development
as a potential next-generation treatment for various pain
conditions, including osteoarthritic pain.
 
• 
In October, we entered into a global strategic alliance with
MacroGenics, Inc., to develop and commercialize teplizumab, a
humanized anti-CD3 monoclonal antibody, as well as other
potential next-generation anti-CD3 molecules for use in the
treatment of autoimmune diseases. As part of the arrangement, we
acquired the exclusive rights to the molecule. Teplizumab is
currently being studied in the PROTÉGÉ trial, a global
pivotal Phase II/III clinical trial for individuals with
recent-onset type 1 diabetes.
 
• 
In June, we completed the acquisition of Ivy Animal Health,
Inc., a privately held applied research and pharmaceutical
product development company focused on the animal health
industry. The acquisition provides us with product lines that
complement those of our animal health business.
 
• 
In April, we completed the acquisition of Hypnion, Inc., a
privately held neuroscience drug discovery company focused on
sleep disorders. The deal expands our presence in the area of
sleep disorder research and provides ownership of a novel
Phase II insomnia compound with a dual mechanism of action
aimed at promoting better sleep onset and sleep maintenance.
 
• 
In January, we completed the acquisition of ICOS at a cost of
approximately $2.3 billion. The acquisition brings the full
value of Cialis to us and enables us to realize operational
efficiencies in the further development, marketing, and selling
of this product.
 
• 
In January, we licensed from OSI Pharmaceuticals its glucokinase
activator (GKA) program for the treatment of type 2 diabetes,
including the lead compound. Lilly received an exclusive license
to develop and market any compounds derived from the GKA program.


 




Legal,
Regulatory, and Other Matters



 



In October, the United States Supreme Court denied the petitions
for certiorari that were filed by Teva Pharmaceuticals and
Dr. Reddy’s Laboratories, bringing to an end the two
companies’ challenges to the validity of Lilly’s
U.S. Zyprexa patent.


 



In June, we received notice of two court rulings by the Canadian
Federal Court and the German Patent Court that permit the entry
of generic olanzapine (Zyprexa) by competitors into the Canadian
and German markets. Generic olanzapine is now available for sale
by competitors in Canada and Germany.


 



We have reached agreements with claimants’ attorneys
involved in U.S. Zyprexa product liability litigation to
settle a total of approximately 31,200 claims against us
relating to the medication. Approximately 1,235 claims remain.
As a result of our product liability exposures, since the
beginning of 2005, we have recorded aggregate net pretax charges
of $1.61 billion for Zyprexa product liability matters.





-19-





 






In March 2004, we were notified by the U.S. Attorney’s
office for the Eastern District of Pennsylvania (EDPA) that it
had commenced an investigation relating to our
U.S. marketing and promotional practices for Zyprexa,
Prozac®,
and Prozac
Weeklytm.
In November 2007, we received a grand jury subpoena from the
EDPA requesting documents related to Zyprexa.


 



In the United States, the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (MMA) continues to
effectively provide a prescription drug benefit under the
Medicare program (known as Medicare Part D). Various
measures have been discussed
and/or
passed in both the U.S. House of Representatives and
U.S. Senate that would impose additional pricing pressures
on our products, including proposals to legalize the importation
of prescription drugs and either allow, or require, the
Secretary of Health and Human Services to negotiate drug prices
within Medicare Part D directly with pharmaceutical
manufacturers. Additionally, various proposals have been
introduced that would increase the rebates we pay on sales to
Medicaid patients. We expect pricing pressures at the federal
and state levels to continue.


 



In 2007, the Centers for Medicare and Medicaid Services released
a final rule seeking to implement sections of the Deficit
Reduction Act of 2005. This rule relates to the Medicaid program
and among other things, sets out a methodology for the
calculation and use of Average Manufacturer Price and Best Price
for pharmaceuticals. We have implemented the final rule, which
has the effect of reducing net selling prices for Medicaid
sales; however, we do not expect the impact to be material to
our consolidated results of operations, liquidity, or financial
position.


 



International operations also are generally subject to extensive
price and market regulations, and there are many proposals for
additional cost-containment measures, including proposals that
would directly or indirectly impose additional price controls or
reduce the value of our intellectual property protection.


 




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