Judge Rescinds Injunction Against Wiki, Other Websites
New York – A U.S. District Court judge today refused Eli Lilly’s request to ban a number of websites from publishing leaked documents relating to Zyprexa, Eli Lilly’s top-selling drug. Although the judge rejected the First Amendment arguments made by a variety of individuals eager to publish the documents, the court concluded that “it is unlikely that the court can now effectively enforce an injunction against the Internet in its various manifestations, and it would constitute a dubious manifestation of public policy were it to attempt to do so.” The order is a victory for the Electronic Frontier Foundation (EFF), which represents an anonymous individual who was previously barred by the court’s earlier orders from posting links to the Zyprexa documents on the zyprexa.pbwiki.com wiki.
The Zyprexa documents were leaked from an ongoing product liability lawsuit against Eli Lilly. The internal documents allegedly show that Eli Lilly intentionally downplayed the drug’s side effects, including weight gain, high blood sugar, and diabetes, and marketed the drug for “off-label” uses not approved by the Food and Drug Administration (FDA). The documents were the basis for a front-page story in the New York Times in December of last year, and electronic copies are readily available from a variety of Internet sources. EFF’s client posted links to one set of copies on a wiki devoted to the controversy that were part of extensive, in-depth analysis from a number of citizen journalists.
“This ruling makes it clear that Eli Lilly cannot invoke any court orders in its futile efforts to censor these documents off the Internet,” said EFF Staff Attorney Fred von Lohmann. “We are disappointed, however, that the judge failed to appreciate that its previous orders constituted prior restraints in violation of the First Amendment.”
The court stayed its ruling for 10 days in order to permit an appeal. Zyprexa is Eli Lilly’s best selling drug, used to treat schizophrenia and bipolar disorder. Eli Lilly has paid more than $1.2 billion to resolve lawsuits involving Zyprexa.
For the full order:
For more on the Eli Lilly Zyprexa litigation:
Fred von Lohmann
Senior Intellectual Property Attorney
Electronic Frontier Foundation