Amgen 2007 Annual Report Download - page 171

AMGEN INC.
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (Continued)
transferred to the U.S. District Court for the Eastern District of Michigan. On January 25, 2008, the Ironworkers
lawsuit was transferred back to District court in New Jersey. On February 4, 2008, the Judge will hear defend-
ants’ motion to dismiss and motion to transfer the Sheet Metal lawsuit back to the Middle District of
Pennsylvania.
On January 10, 2008, plaintiffs in the United Food lawsuit brought a motion before the Judicial Panel on
Multi-District Litigation seeking to have the five third-party payor lawsuits consolidated into one MDL case and
assigned to the N.D. of Illinois. Defendants filed an opposition to the MDL consolidation motion on February 3,
2008.
On January 11, 2008, the Vista Healthplan lawsuit was voluntarily dismissed.
Federal Antitrust Litigation
On November 2, 2007, the Sheet Metal Workers National Health Fund filed suit in the United States District
Court for the District of New Jersey against Amgen Inc. and Amgen USA Inc. The lawsuit alleges both federal
and state antitrust violations as well as violations of California’s Unfair Competition Law. The complaint alleges
that Amgen engaged in an “anti-competitive tying arrangement and pricing scheme” involving the sale of three
of our marketed products, NEUPOGEN®, Neulasta®and Aranesp®. Plaintiff seeks injunctive and compensatory
relief for this alleged anticompetitive behavior. Amgen filed a motion to dismiss the complaint on January 18,
2008.
Other
In February 2006, Amgen received service of a subpoena from the U.S. Attorney’s Office for the District of
Massachusetts for the production of documents relating to Amgen’s business relationship with a long-term care
pharmacy organization concerning several of our products. Amgen is cooperating in responding to the subpoena.
On February 19, 2007, Amgen received an informal inquiry from the SEC’s Atlanta District Office regard-
ing the Danish Head and Neck Cancer (DAHANCA) 10 study. The SEC’s Atlanta District Office transferred the
inquiry to the Los Angeles office in late 2007. Amgen has agreed to voluntarily produce certain information and
documentation related to a number of ESA studies.
On May 10, 2007, Amgen received a subpoena from the Attorney General of the State of New York seeking
documents related to Amgen’s promotional activities, sales and marketing activities, medical education, clinical
studies, pricing and contracting, license and distribution agreements and corporate communications. Amgen in-
tends to fully cooperate in responding to the subpoena.
On May 14, 2007, Amgen was served with a shareholder demand on the Board of Directors (“Board”) to es-
tablish a Special Litigation Committee to investigate potential breaches of fiduciary duties by current and/or
former officers and directors of the Company (the “Individuals”). Shareholders allege that the Individuals vio-
lated core fiduciary duties, causing Amgen to suffer damages. Shareholders seek to recover from the Individuals
(i) damages resulting from their breach of fiduciary duties, (ii) monies and benefits improperly granted to them,
(iii) insider trading proceeds and (iv) all costs associated with the inquiry by the SEC. Shareholders also demand
that the Board make a claim under the Company’s Errors and Omissions Policy in the amount of the damages
and that the Board commence an action within 90 days.
On October 25, 2007, Amgen received a subpoena from the U.S. Attorney’s Office, Eastern District of New
York, for production of documents relating to its products. Amgen is fully cooperating with the request.
On November 1, 2007, Amgen received a subpoena from the U.S. Attorney’s Office, Western District of
Washington, for production of documents relating to its products. Amgen is fully cooperating with the request.
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