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United States of America v. Abbott Laboratories

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 07-10288-RGS CIVIL ACTION NO. 05-11518-RGS

UNITED STATES OF AMERICA, ex rel. BERNARD LISITZA and DAVID KAMMERER, v. JOHNSON & JOHNSON, ORTHO-McNEIL-JANSSEN PHARMACEUTICALS, INC., and JOHNSON & JOHNSON HEALTH CARE

MEMORANDUM AND ORDER ON DEFENDANT JOHNSON & JOHNSON'S MOTION TO DISMISS February 25, 2011 STEARNS, D.J. In these qui tam actions, various plaintiffs1 claim that defendants Johnson & Johnson (J&J),2 Ortho-McNeil-Janssen Pharmaceuticals, Inc. (Ortho), and Johnson & Johnson Health Care Systems, Inc., unlawfully induced Omnicare, the nation's largest supplier of pharmaceutical drugs to nursing homes, to promote J&J's branded drugs over

Relators Bernard Lisitza and David Kammerer initiated the prosecution of these cases on behalf of the United States and several States. The United States and some of the named States have since moved to intervene and have filed their own Complaints. J&J reserves the right to argue at the "appropriate juncture" that it is not a proper defendant, citing In re Pharm. Indus. Average Wholesale Price Litig., 538 F. Supp. 2d 367, 391 (D. Mass. 2008) (dismissing the J&J parent where the complaint's allegations were directed solely to Ortho).
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less costly alternatives, in violation of the False Claims Act, 31 U.S.C.

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