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AMGEN INC.
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (Continued)
Amgen’s motion to stay and sever the relator’s employment claims. A hearing on the motions to dismiss has
been scheduled by the Massachusetts District Court for March 11, 2010.
Warren General Hospital v. Amgen
On September 25, 2009, Warren General Hospital of Warren, Pennsylvania (on its behalf and all others sim-
ilarly situated) filed a class action in the U.S. District Court for the District of New Jersey against
Amgen alleging Federal antitrust violations under Section 1 of the Sherman Act and Section 3 of the Clayton Act
based on Amgen’s contracting practices. The complaint seeks damages including treble damages, attorneys’ fees
and costs. Amgen filed a Motion to Dismiss the complaint on December 9, 2009. Class plaintiff filed its opposi-
tion on January 15, 2010 and Amgen filed its reply on February 8, 2010. The District Court has indicated that it
will decide the motion without a hearing on or after February 16, 2010.
Other
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 con-
tinues to fully cooperate in responding to the subpoena.
On October 25, 2007, Amgen received a subpoena from the U.S. Attorney’s Office, Eastern District of New
York, seeking documents relating to its products. On July 29, 2009, Amgen was served with a second subpoena
from the U.S. Attorney’s Office for the Eastern District of New York related to dosing. Amgen continues to fully
cooperate with the requests. On January 6, 2010, Amgen was served with a third subpoena from the U.S. Attor-
ney’s Office, Eastern District of New York, related to Average Sales Price and on February 5, 2010, Amgen was
served with a fourth subpoena from the U.S. Attorney’s Office, Eastern District of New York, related to certain
clinical trials on dosing. Amgen intends to cooperate fully with the government’s requests.
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. On July 18, 2008, Amgen received a second
subpoena from the U.S. Attorney’s Office, Western District of Washington, pursuant to the Health Insurance
Portability and Accountability Act of 1996 (18 U.S.C. 3486), which requests documents relating generally to
Amgen’s collection and dissemination of information regarding clinical research on the efficacy and safety of
ESAs. On May 12, 2009, Amgen was served with a third subpoena from the U.S. Attorney’s Office for the
Western District of Washington related to Johnson and Johnson clinical trials and correspondence with payers.
On August 19, 2009, Amgen was served with a fourth subpoena from the U.S. Attorney’s Office for the Western
District of Washington related to the ‘219 clinical trial. On December 9, 2009, Amgen received a fifth subpoena
from the U.S. Attorney’s Office for the Western District of Washington which requested additional information
generally related to the compendia, reimbursement and the ‘219 clinical trial. Amgen is cooperating with the
government’s document requests. On February 11, 2010, Amgen received a sixth subpoena from the U.S. Attor-
ney’s Office for the Western District of Washington which requested documents related to Amgen’s products and
employees. Also in 2010, a former Amgen employee was notified by the U.S. Attorney’s Office of the Western
District of Washington that the former employee was a target of the investigation.
On January 14, 2008, Amgen received a subpoena from the New Jersey Attorney General’s Office for pro-
duction of documents relating to one of its products. Amgen has completed its response per the terms of the
subpoena.
In the ordinary course of business, we are involved in various legal proceedings and other matters, including
those discussed in this Note. While it is not possible to accurately predict or determine the eventual outcome of
these items, one or more of these items currently pending could have a material adverse effect on our con-
solidated results of operations, financial position or cash flows.
F-53