Amgen 2011 Annual Report Download - page 169

AMGEN INC.
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (Continued)
that time. Most of these actions, as discussed below, have been consolidated, or are in the process of being
consolidated, in a federal Multi-District Litigation proceeding (the MDL Proceeding), captioned In Re:
Pharmaceutical Industry Average Wholesale Price Litigation MDL No. 1456 and pending in the Massachusetts
District Court.
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 Corporation, 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. Following repeated hearings on the sufficiency of the notice
given by the plaintiffs, the Massachusetts District Court approved the Track II settlement on December 8, 2011,
and dismissed with prejudice the fourth amended master consolidated complaint effective January 31, 2012.
The following AWP litigation case is not part of the MDL Proceeding:
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 (the Louisiana Court). 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. On May 12, 2011, Amgen and the other defendants filed joint exceptions seeking to
dismiss the complaint. On October 27, 2011 the Louisiana Court denied the defendants’ joint exceptions.
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,
Gilbert S. Omenn and Franklin P. Johnson, Jr., (the Federal Defendants) in the U.S. District Court for the Central
District of California (the California Central District Court) on April 17, 2007 (Kairalla v. Amgen Inc., et al.),
May 1, 2007 (Mendall v. Amgen Inc., et al., & Jaffe v. Amgen Inc., et al.), May 11, 2007 (Eldon v. Amgen Inc.,
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