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142.

Accordingly,

before

his

termination,

Lisitza

personally

filled

hundreds

of

"switched"

prescriptions

for

Levaquin

while

employed

by

Omnicare.

He

also

witnessed

thousands of prescriptions switched pursuant to the Levaquin Market Share Agreement.

143.

Ortho

McNeil

worked

with

other

entities

who

dispensed

pharmaceuticals,

including dispensing pharmacies, pharmacy benefit managers, and hospitals, to illegally gain

market share for Levaquin in the antibiotic market through illegal kickbacks-for-switches

schemes similar to the one effected with Omnicare. The specific circumstances alleged herein

evidence a pattern of conduct by Ortho McNeil designed to maximize profits through this

scheme at every opportunity, through various other drugs and other providers.

I.

DEFENDANT MANUFACTURER JANSSEN AND OMNICARE MARKET SHARE AGREEMENT WITH RESPECT TO RISPERDAL

ENTER INTO

A

144.

After

the

completion

of

the

Ortho

McNeil/Levaquin

rollout,

Defendant

Manufacturer Janssen entered into a Market Share Agreement with Omnicare with respect to its

atypical antipsychotic Risperdal (risperidone), which is prescribed for serious mental health

issues including schizophrenia. Other competing drugs include Haldol (haloperidol decanoate),

Zyprexa (olanzapine), and Seroquel (quetiapine fmnarate). Jannsen and Omnicare conspired to

switch many atypical antipsychotic prescriptions for Omnicare-serviced patients to Risperdal.

145.

Janssen executives at the time period of the development and implementation of

the Risperdal scheme included but were not limited to, Alex Gorsky, Bruce Given, and Norman

Finestine.

146.

Because Janssen is a wholly-owned subsidiary of J&J, all activities alleged with

respect to Janssen 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 29,

http://www.sec.gov/Archives/edgar/datal200406/000020040604000081/firstguarterteng.txt.

39

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