Array BioPharma Drops Trade Secret Claims Ahead of Tenth Circuit Ruling
The Pfizer subsidiary argued that the threat of harm, even if years in the future, should be grounds for an injunction. But Fenwick & West partner Jedediah Wakefield had argued for Loxo Oncology that Array was merely speculating.
December 30, 2019 at 07:11 PM
3 minute read
Pfizer-owned Array BioPharma Inc. has dropped claims that an Eli Lilly subsidiary and a handful of its scientists stole trade secrets.
Array dismissed its claims against Loxo Oncology Inc. on Dec. 27, six months after a Colorado judge denied Array a preliminary injunction that would have blocked the scientists from working at Loxo, and six weeks after the U.S. Court of Appeals for the Tenth Circuit sounded inclined to affirm him.
The resolution concludes, at least for now, a chilly ending to a five-year collaboration between Loxo and Array for the development of targeted cancer drugs. Loxo opened its own lab in the same market as Array in 2017 and hired two of Array's scientists, then added seven more in 2018, just after the collaboration deal expired. Eli Lilly and Co. acquired Loxo in February 2019.
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