INDIANAPOLIS, IN — Nevada-based company PDL BioPharma, Inc. has filed a lawsuit against Eli Lilly and Company in the U.S. District Court for the Southern District of Indiana. PDL alleges that Eli Lilly used its technology to develop an Alzheimer’s disease treatment without compensating PDL.
According to the lawsuit filed on December 21, 2023, PDL claims that Eli Lilly used its antibody humanization technology to create donanemab, a treatment for Alzheimer’s. Donanemab is expected to receive FDA approval in the first quarter of 2024.
The lawsuit refers to a 2000 agreement between Eli Lilly and PDL, which granted Eli Lilly a nonexclusive and worldwide license to use PDL’s technology in its licensed products, with the condition that royalties be paid to PDL. In 2010, Eli Lilly developed the antibody donanemab, which specifically targets and removes beta-amyloid plaques associated with Alzheimer’s. PDL argues that donanemab is a licensed product that incorporates its technology.
PDL believes that Eli Lilly owes the company royalties for the donanemab treatment. However, Eli Lilly has stated that it does not intend to pay royalties to PDL, leading to the lawsuit.
The counts on which PDL is suing Eli Lilly include anticipatory breach of contract and declaratory relief, seeking a ruling that donanemab is a licensed product that incorporates PDL’s technology, as defined in the agreement.
Eli Lilly has responded to the lawsuit, calling it baseless. The company asserts that PDL did not contribute to the development of donanemab and that no PDL technology was used in its creation.
Judge James Patrick Hanlon, who was initially assigned to the case, has recused himself. The case will be reassigned to another judge according to the court’s reassignment procedures.
In summary, Nevada-based company PDL BioPharma has sued Eli Lilly and Company for allegedly using its technology in the development of an Alzheimer’s treatment without compensating PDL. The lawsuit cites a 2000 agreement between the two companies and claims that donanemab, the Alzheimer’s treatment in question, is a licensed product that incorporates PDL’s technology. Eli Lilly denies these claims and states that PDL’s lawsuit is without merit. The case will now be reassigned to another judge in the U.S. District Court for the Southern District of Indiana.