Icahn, whose 8.9 percent stake has made him the company's third-largest shareholder, has faulted Amylin for failing to acknowledge media reports that it had rejected a roughly $3.5 billion takeover bid by Bristol-Myers Squibb Co.
The lawsuit was filed in Delaware, Icahn said. A copy of the complaint was not immediately available.
Amylin shares were down 49 cents, or 2 percent, at $23.63, at midday.
(Reporting By Jonathan Stempel in New York; Editing by Richard Chang)
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