Nektar Therapeutics V. Eli Lilly & Co
Summary: Nektar Therapeutics has initiated legal proceedings against Eli Lilly & Co., citing allegations of contract breach, violation of the covenant of good faith and fair dealing, negligent misrepresentation, and infringement of business and professions code § 17200. The contention centers on the development of rezpegaldesleukin (REZPEG), a biologic therapy candidate designed to treat autoimmune disorders, including eczema. In 2017, Nektar and Lilly entered into a collaborative development agreement, with Lilly assuming full responsibility for the ongoing clinical development of REZPEG. Nektar contends that Lilly prioritized its financial interests over its contractual obligations, thereby undermining the development of REZPEG following its acquisition of Dermira, Inc., a company with a rival drug candidate. Nektar alleges that Lilly's sabotage included mishandling the data analysis of preliminary clinical trials, postponing subsequent trials, and damaging the reputation of REZPEG to justify the termination of the agreement and evade substantial payments to Nektar. In particular, Nektar charges Lilly with improperly configuring its statistical algorithm to assess Eczema Area and Severity Index (EASI) data from the trial, leading to an underestimation of the drug's clinical efficacy outcomes. Nektar further alleges that Lilly neglected to oversee and review the execution of the Statistical Analysis Plan (SAP) for the study, resulting in inaccurate reporting of REZPEG's therapeutic efficacy. Nektar is pursuing just compensation and suitable remedies for Lilly's alleged misconduct, with the goal of holding Lilly accountable for its purported breaches of the agreement and recovering damages.
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