Seekingalpha.com reports that Bristol-Myers Squibb and Eli Lilly & Co have announced that they had settled their dispute over rights to necitumumab and antibody, formerly known as IMC-11F8.
According to the report, the compound was originated by ImClone, which was bought by Lilly in 2008. In 2006, Merck tried to argue that its deal over Erbitux included the rights to develop and commercialise any follow-on products, including IMC-11F8, outside the US, but an arbitrator ruled in ImClone’s favor. The takeover battle for ImClone a couple of years later, which was triggered by a bid from BMS and eventually won by Eli Lilly, meant disagreements over rights to necitumumab resurfaced. BMS asserted it had full rights in the US, under the terms of the Erbitux deal.
Under the new agreement struck by the companies, both companies will share in the cost of developing and potentially commercializing necitumumab in the US, Canada and Japan, whilst Lilly maintains exclusive rights to necitumumab in all other markets.
