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Case Status:    SETTLED
On or around 01/03/2005 (Date of order of final judgment)

Filing Date: August 09, 2001

As reported by the Company’s FORM 10-K For The Fiscal Year Ended December 31, 2004, on December 30, 2004, the court approved a negotiated settlement dismissing the lawsuit with prejudice. The terms of the settlement include payment by the Company of $2.1 million, all of which will be paid by the Company’s insurer. Any settlement proceeds remaining after full reimbursement to class members and payment of plaintiff legal fees will be donated to the American Diabetes Association.

According to a press release dated August 6, 2004 Amylin Pharmaceuticals announced that it has agreed to settle a 2001 securities class-action lawsuit for $2 million. Under the settlement, which still must be approved by the court, the company's insurer would make $2 million available in an account to settle any class members' claims. The company continues to deny the lawsuit's allegations that it made false and misleading statements about its lead diabetes therapy, Symlin. Chief executive Ginger Graham, told investors that the company decided to settle to avoid additional legal expense and the ongoing distraction of litigation.

The original complaint charged Amylin and its Chief Executive Officer with violations of the Securities Exchange Act of 1934, alleging that the public announcements and statements made during the Class Period were materially false and misleading. Shortly after the complaint was filed, the Food and Drug Administration gave the company a so-called "approvable letter". Rather than approving the drug, the letter asked for additional data on the drug. The company has since submitted that additional information and received a second approvable letter on Symlin. Graham said yesterday that the company is continuing to work with the FDA to answer questions on the drug.

COMPANY INFORMATION:

Sector: Healthcare
Industry: Biotechnology & Drugs
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: AMLN
Company Market: NASDAQ
Market Status: Public (Listed)

About the Company & Securities Data


"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: S.D. California
DOCKET #: 01-CV-1455
JUDGE: Hon. Barry T. Moskowitz
DATE FILED: 08/09/2001
CLASS PERIOD START: 02/08/2000
CLASS PERIOD END: 07/25/2001
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Bernstein Liebhard & Lifshitz, LLP (New York)
    10 E. 40th Street, 22nd Floor, Bernstein Liebhard & Lifshitz, LLP (New York), NY 10016
    800.217.1522 · info@bernlieb.com
  2. Brodsky & Smith, LLC (former Pennysylvania)
    11 Bala Avenue, Suite 39, Brodsky & Smith, LLC (former Pennysylvania), PA 19004
    610.668.7987 610.660.0450 · esmith@Brodsky-Smith.com
  3. Bull & Lifshitz
    18 East 41st St., Bull & Lifshitz, NY 10017
    212.213.6222 212.213.9405 ·
  4. Cauley, Geller, Bowman, Coates & Rudman LLP (San Diego, CA)
    225 Broadway, Suite 1900, Cauley, Geller, Bowman, Coates & Rudman LLP (San Diego, CA), CA 92010
    619.702.7350 619.702.7351 ·
  5. Milberg Weiss Bershad Hynes & Lerach LLP (San Diego, CA)
    600 West Broadway, 1800 One America Plaza, Milberg Weiss Bershad Hynes & Lerach LLP (San Diego, CA), CA 92101
    800.449.4900 · support@milberg.com
  6. Schiffrin & Barroway LLP
    3 Bala Plaza E, Schiffrin & Barroway LLP, PA 19004
    610.667.7706 610.667.7056 · info@sbclasslaw.com
  7. Stull, Stull & Brody (New York)
    6 East 45th Street, Stull, Stull & Brody (New York), NY 10017
    310.209.2468 310.209.2087 · SSBNY@aol.com
  8. Wolf Haldenstein Adler Freeman & Herz LLP (New York)
    270 Madison Avenue, Wolf Haldenstein Adler Freeman & Herz LLP (New York), NY 10016
    212.545.4600 212.686.0114 · newyork@whafh.com
No Document Title Filing Date
COURT: S.D. California
DOCKET #: 01-CV-1455
JUDGE: Hon. Barry T. Moskowitz
DATE FILED: 02/25/2002
CLASS PERIOD START: 11/08/1999
CLASS PERIOD END: 07/25/2001
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Weiss & Yourman (New York, NY)
    The French Building, 551 Fifth Ave., Suite 1600, Weiss & Yourman (New York, NY), NY 10126
    212.682.3025 212.682.3010 · info@wyca.com
No Document Title Filing Date
No Document Title Filing Date