Ortho McNeil entered into a Market Share Agreement with Omnicare with respect to its
antibiotic Levaquin (Ievofloxacin), which is prescribed for serious infections common to long
Ortho McNeil and Omnicare conspired to switch many antibiotic prescriptions for Omnicare
serviced patients to Levaquin.
implementation of the Lipitor scheme included but were not limited to, John H. Johnson, Bob
SpUTI', Nawaz Merchant, Eneetra P. Livings, Paul Kim, Tom Petro, and Matiy Murray.
Because Ortho McNeil is a wholly-owned subsidiary of J&J, all activities alleged
with respect to Ortho McNeil are also alleged with respect to J&J. See Johnson & Johnson 10-
Q, filed May 5, 2004, with the Securities and Exchange Commission at page 24,
Ortho McNeil representatives often visited Omnicare locations for the purpose of
promoting the switches. Ortho McNeil developed special materials targeted solely to Omnicare
pharmacists and physicians in Omnicare-serviced nursing homes to "educate" these audiences on
the importance of the switching program and on how to switch patients from other atltibiotics to
Oliho McNeil marketing personnel met with Omnicare pharmacists before the
commencement of mass switching to Levaquin to educate pharmacists on how to make the
switches. Meetings were held with Omnicare staff where Oliho McNeil's marketing staff and
Omnicare senior management together informed Omnicare's front line pharmacists and
pharmacy supervisors that the switches were not only going to be beneficial to patients 111
Omnicare-serviced long-term care facilities, but would save payors money.