Amgen 2009 Annual Report Download - page 167

AMGEN INC.
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (Continued)
Amended Consolidated Complaint filed by New York City and 44 New York counties in the MDL Proceeding.
The judge dismissed claims relating to all of Amgen’s products named in the New York counties’ first amend-
ed complaint with the exception of claims relating to NEUPOGEN®. Subsequent to the filing of Amgen’s
motion, the New York counties filed a Revised First Amended Consolidated Complaint. It is unclear what bear-
ing the Massachusetts District Court’s decision will have on the revised complaint.
Certain AWP litigation cases remain part of the MDL Proceeding but are likely to be remanded. These
cases are:
State of Iowa v. Abbott Laboratories, Inc., et al. This case was filed against Amgen and Immunex, along
with several other pharmaceutical manufacturers, on October 9, 2007 in the U.S. District Court for the Southern
District of Iowa. On October 9, 2007, Immunex was served with the complaint and on October 25, 2007, Amgen
was served with the complaint. On November 20, 2007, this case was removed to the District of Massachusetts
and was transferred to the MDL Proceeding. On January 18, 2008, a status conference was held. A Joint Motion
to Dismiss was filed on February 20, 2008, and the motion was granted in part, denied in part on August 29,
2008. On January 22, 2009, Amgen’s motion to dismiss in part regarding EPOGEN®was granted. On Oc-
tober 15, 2009, Amgen and Immunex reached a settlement with the state, and on November 9, 2009, both
companies were dismissed with prejudice from the matter.
Certain AWP litigation cases are not a part of the MDL Proceeding. These cases are:
Commonwealth of Pennsylvania v. TAP Pharmaceutical Products, Inc., et al. This case was filed against
Amgen in the Commonwealth Court for Pennsylvania in Harrisburg, Pennsylvania on March 10, 2004. On
March 10, 2005, the Commonwealth of Pennsylvania filed an amended complaint, adding Immunex, and defend-
ants filed Preliminary Objections. A hearing on the Preliminary Objections was held on June 8, 2005. On July 13,
2005, defendants filed a notice of removal from the Commonwealth Court for Pennsylvania to the U.S. District
Court for the Eastern District of Pennsylvania (the “Pennsylvania District Court”). This case was remanded to
state court by order dated September 9, 2005. On October 11, 2006, the case was removed to the Pennsylvania
District Court. Plaintiffs filed a motion to remand and on January 22, 2007, the Pennsylvania District Court
stayed the case pending transfer to the MDL Proceeding. A hearing on plaintiff’s motion to remand was held on
February 1, 2007. On September 1, 2007, the case was remanded to the Commonwealth Court for Pennsylvania.
Currently, the parties have briefed and are awaiting the court’s ruling on the protective order to be entered in the
case. Amgen and Immunex reached a settlement with the Commonwealth of Pennsylvania on November 17,
2009. On December 23, 2009, the judge granted plaintiff’s motion to discontinue with prejudice the case against
Amgen and Immunex.
County of Erie v. Abbott Laboratories, Inc., et al. This case was filed against Amgen and Immunex on
March 8, 2005, in the Supreme Court of New York, Erie County. The complaint alleges that all defendants par-
ticipated in a scheme to market the spread between the true wholesale price (i.e., selling price) and the false and
inflated AWP reported, in order to increase market share, thus defrauding the county Medicaid program. On
April 15, 2005, defendants filed a notice of removal from the state court to the U.S. District Court for the West-
ern District of New York (the “New York District Court”). This case was remanded to state court by order dated
January 10, 2006. On September 7, 2006, the state court granted in part, and denied in part, defendants’ motions
to dismiss. Immunex’s motion to dismiss was granted and Amgen’s motion to dismiss was denied. On Oc-
tober 11, 2006, this case was removed to the New York District Court. On September 1, 2007, the case was
remanded to the state court. The State of New York Litigation Coordinating Panel granted defendants’ motions to
coordinate the Erie, Oswego and Schenectady County cases.
County of Schenectady v. Abbott Laboratories, Inc., et al. This case was filed against Amgen and Immunex,
along with several other pharmaceutical manufacturers, on May 9, 2006 in the Supreme Court of New York,
Schenectady County. On August 21, 2006, Immunex was served with the complaint and on August 24, 2006,
Amgen was served with the complaint. On October 11, 2006, this case was removed to the
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