Amgen 2010 Annual Report Download - page 163

The following cases have been consolidated into the MDL Proceeding, and include cases brought by consumer
classes and certain state and local governmental entities:
Citizens for Consumer Justice, et al., v. Abbott Laboratories, Inc., et al.; Teamsters Health & Welfare
Fund of Philadelphia, et al., v. Abbott Laboratories, Inc., et al.; Action Alliance of Senior Citizens of
Greater Philadelphia v. Immunex Corporation; Constance Thompson, et al., v. Abbott Laboratories, Inc.,
et al.; Ronald Turner, et al., v. Abbott Laboratories, Inc., et al.; Congress of California Seniors v. Abbott
Laboratories, Inc., et al.
In the MDL Proceeding, the Massachusetts District Court has set various deadlines relating to motions to dismiss
the complaints, discovery, class certification, summary judgment and other pre-trial issues. For the private class action
cases, the Massachusetts District Court has divided the defendant companies into a Track I group and a Track II group.
Both Amgen and Immunex are in the Track II group. On March 2, 2006, plaintiffs filed a fourth amended master
consolidated complaint, which did not include their motion for class certification as to the Track II group. On
September 12, 2006, a hearing before the Massachusetts District Court was held on plaintiffs’ motion for class
certification as to the Track II group defendants, which include Amgen and Immunex. On March 7, 2008, the Track II
defendants reached a tentative class settlement of the MDL Proceeding, which was subsequently amended on April 3,
2008. The tentative Track II settlement relates to claims against numerous defendants, including Abbott Laboratories,
Inc., Amgen Inc., Aventis Pharmaceuticals Inc., Hoechst Marion Roussel, Inc., Baxter Healthcare Corporation, Baxter
International Inc., Bayer Corporation, Dey, Inc., Fujisawa Healthcare, Inc., Fujisawa USA, Inc., Immunex Corpo-
ration, Pharmacia Corporation, Pharmacia & Upjohn LLC (f/k/a Pharmacia & Upjohn, Inc.), Sicor, Inc., Gensia, Inc.,
Gensia Sicor Pharmaceuticals, Inc., Watson Pharmaceuticals, Inc. and ZLB Behring, L.L.C. Plaintiffs continue to file
for extensions for the final approval hearing of the Track II settlement due to continued deficiencies in executing
notices, and the final approval hearing is now expected to occur in the spring of 2011.
Certain AWP litigation cases are not a part of the MDL Proceeding. These cases are:
County of Erie v. Abbott Laboratories, Inc., et al. This case was filed against Amgen and Immunex, along
with several other pharmaceutical manufacturers, on March 8, 2005 in the Supreme Court of New York, Erie
County. On August 11, 2010, Amgen and Immunex reached a settlement with the County of Erie, and on
November 19, 2010, the county discontinued proceedings against the companies with prejudice.
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 11, 2010, Amgen and Immunex reached a settlement with the County of
Schenectady, and on November 19, 2010, the county discontinued proceedings against the companies with
prejudice.
County of Oswego 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, Oswego
County. On August 11, 2010, Amgen and Immunex reached a settlement with the County of Oswego, and on
November 19, 2010, the county discontinued proceedings against the companies with prejudice.
State of Louisiana v. Abbott Laboratories, Inc., et al. The State of Louisiana filed a complaint against Amgen
and several other pharmaceutical manufacturers, on November 3, 2010, in the Parish of East Baton Rouge,
19th Judicial District. Amgen was served the complaint on November 9, 2010. The complaint alleges that the
manufacturers misrepresented product pricing information reported to the state by falsely inflating those prices.
Federal Securities Litigation — In re Amgen Inc. Securities Litigation
The six federal class action stockholder complaints filed against Amgen Inc., Kevin W. Sharer, Richard D.
Nanula, Dennis M. Fenton, Roger M. Perlmutter, Brian M. McNamee, George J. Morrow, Edward V. Fritzky,
F-41
AMGEN INC.
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (Continued)