...Columbia Southern University – DBA 7035 Patent Games: Plavix Case Study This paper will take a close look at some of the issues surrounding Apotex in the early 2000s. This company was working increasingly hard to break into the U.S. Market with their generic version of clopidogrel bisulfate, also known as Plavix. In addition, this paper will also explore how Sanofi-Aventis and Bristol-Meyers tried to maximize on forming monopolies to wean out their competitors, but instead caused more issues for their companies and how they FTC and state attorneys could have also shown a little more control and flexibility in making this agreement work for each party. Q1. Why did Bristol-Myers Squibb and Sanofi-Aventis seek a settlement rather than let the patent infringement case go to trial? The reason why Bristol-Myers Squibb and Sanofi-Aventis decided to seek a settlement could easily be because the patent infringement could have easily costs the companies more money if it were set to go to trial. In many instances, businesses pay more money by going directly to trial than settling out of court for a better result. Baron states, “Bristol-Myers Squibb and Sanofi – Aventis also agreed to pay Apotex at least $40 million if the agreement were approved and a $60 million break – up fee if the agreement would not receive antitrust approval” (Baron, 2010, p. 407). This settlement allowed Bristol Myers and Sanofi-Aventis the opportunity to buy more time in case the Federal Trade Commission...
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...In this paper, we are going to discuss the incentives of four different CEO from Pharmaceutical Industry. Pfizer Merck & Co Bristol-Myers Squibb Vertex 2012 Revenue $59B $47B $21B $1.5B 2011 Revenue $65B $48B $19B $1.0B CEO Read Frazier Andreotti Leiden Base $1.75M $1.5M $1.6M $1.0M Annual Incentive $3.4M $2.5M $3.8M $2.1M Annual LT Incentive (Stock and Stock Options) $12.9M $7.1M $10.9M $2.5M Perks/Other $175k $0.06M $808k $0.01M Vested/Exercised Shares $5.6M Approx. Total $25M $11.1M $17.2M $5.7M According to the Proxy statements, both Pfizer and Mereck have approximately 90% of their compensation as variable, based on company performance. The large discontinuity between the two companies is mostly due to the vested or exercised shares of Pfizer’s Ian Read. Excluding this amount, the companies’ compensation plans are generally aligned with their comparable sizes and company performance. Pfizer offered the largest incentive-based payout to it’s CEO in 2012, justified by the company exceeding two of three performance metrics despite key patent losses and the leadership Read showed throughout the year. Merck ranked their CEO performance as high in a tough environment, but due to a low internal scorecard results and shareholder return rankings Frazier was awarded a lower amount of variable compensation than in 2011. Overall, both of these industry leaders seem to have incentive programs aligned with company and shareholder performance. Bristol-Meyers Squibb...
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...99) to improve investor confidence and the auditing function’s ability to detect material frauds. The intent of this thesis was to look at the fraudulent factors associated with several recent corporate frauds and compare them to the standards set by SAS No. 99. Through the analysis conducted, this thesis looks at the relationships between pressures, opportunities, and rationalizations made during the act of fraud. Table of Contents ABSTRACT ii INTRODUCTION 1 Sarbanes – Oxley Act of 2002 (SOX) 1 Statement of Auditing Standards Number 99 (SAS No. 99) 4 Parts of the Fraud Triangle 5 Types of Fraud 11 INSTANCES OF FRAUD 13 Enron Corporation 13 Adelphia Communications Corporation 17 AOL Time Warner, Inc. 20 Bristol-Myers Squibb Company 25 Global Crossing Limited 27 K-Mart 30 Tyco International, Ltd. 34 WorldCom 37 HealthSouth Corporation 41 CONCLUSION 45 Appendix: SOX Titles and Sections List 48 Works Cited 52 INTRODUCTION Between the years 1998 and 2002, the United States suffered a time in which several large companies engaged in...
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...6. A. Two companies that have committed fraud by misstating inventory are Bristol-Myers Squibb Company, who concealed excess inventory held by wholesalers, and Leslie Fay Women’s Apparel whose controller increased orders by counting items shipped but did not subtract returns B. Intentional misstatements of inventory are difficult to detect primarily because accounting for inventory itself is difficult. It is nearly impossible to take stock of every inventory item a company has while doing an audit report. You need to sample portions of inventory and records and rely on what you find in those samples to determine accuracy of the remaining records. Phar-Mor was able to fool their accountants, Coopers and Lybrand, for several years about their inventory because they lacked integrity. The company’s MIS was inadequate and when asked about bettering it, senior officials shot the idea down because they wanted the fraud to go undetected. The internal controls were poor and Phar-Mor employees were able to bypass areas that should have had controls on them. The management and internal audit functions were not performing to the best of their ability. Michael Monus, the head of the fraud scheme and the company, was a member of the audit committee and was able to destroy the committee when he found out they may investigate certain abnormal behavior. Phar-Mor’s upper management was involved in the scheme and was able to convince the auditors that certain aspects where true and the auditors...
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...2009 Vietnam Drinking Milk Products Vietnam Dairy Products JSC (Vinamilk) Royal FrieslandCampina NV Nestlé SA Quang Ngai Sugar JSC Uni-President Enterprises Corp Tan Hiep Phat Group Mead Johnson Nutrition Co Fonterra Cooperative Group Ltd TH Food Chain JSC Associated British Foods Plc Hanoi Milk JSC Abbott Laboratories Inc Long Thanh Dairy Cooperative Moc Chau Dairy Cooperative Nutifood Nutrition Food JSC Casmilk JSC Agro Nutrition International JSC Saigon Beverages JSC (Tribeco) Fraser & Neave Ltd Bristol-Myers Squibb Co Daso Group Royal Friesland Foods NV Others 0.2 0.7 37.2 2010 2011 2012 2013 2014 42.9 43.7 43.0 43.7 44.1 22.9 22.4 22.8 22.3 21.4 21.1 6.6 2.4 5.7 2.3 5.3 2.7 5.2 4.4 5.3 4.6 5.4 4.9 - - - - 3.5 3.5 3.2 2.9 3.2 2.5 3.6 2.3 3.5 2.3 3.3 2.2 3.3 2.1 2.5 2.1 1.8 1.7 1.9 2.0 1.8 1.5 1.0 1.3 1.7 1.2 1.9 1.3 1.9 1.3 1.0 1.0 1.0 0.8 1.0 0.8 1.0 0.8 1.0 0.8 0.9 0.8 0.6 0.5 0.5 0.5 0.5 0.5 0.6 0.5 0.5 0.5 0.5 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 3.6 3.5 3.5 3.4 - - 1.5 - 1.0 - 0.0 - - - - - - - - - - 11.8 9.6 8.8 8.0 7.7 7.5 Others Total 11.8 9.6 8.8 8.0 7.7 7.5 100.0 100.0 100.0 100.0 100.0 100.0 Research Sources: 1. Packaged...
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...Pfizer (PFE) Financial Analysis for 2012, 2013 and 2014: Ratio Analysis Abstract The following is a list of these ratios, in conjunction with associative details and background to itemize and explicate the overall financial enquiry: Earnings per Share (EPS), which will illustrate current, along with expected, product losses, unfavorable impact and any adverse change in a foreign exchange rate, along with adjustable income attributable to Pfizer and its shareholder's guidance. The next ratio considered would be Profit Margin Ratio, or Net Profit Margin, to characterize the settlement of adjusted income and weakened EPS guidance to reported net income. With the Return on Assets ratio, stakeholders can configure and acquire current, as well as anticipated dividends, all while maintaining sufficient capital to invest successively and increase global shareholder value – which for now, can maintain to support the annual dividend growth, in addition to the accompanied Gross Profit Rate. Together with this, a Return on Common Stockholders’ Equity can be taken into account with regards to commercial and business development opportunities – leading to a direct, shareholder-value enhancement through actual dividends and repurchases. On the other side of the spectrum, Pfizer’s Current and Cash Debt Coverage ratios clarify and expound upon the potential, yet significant, expected adverse events on revenues due to possible loss and expiration of intellectual property and licensing rights...
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...development, and testing of new chemical entities,” (Baron, 2010, p. 381). Some competitors feel like this is unfair to consumers and fight to be able to put their product on the market. Big pharmaceutical companies try to delay or not have competitors’ products released on the market by using the legal system t fought them in court. In the case study of Patent Games: Plavix it seems Bristol-Myers Squibb may have received some of their own medicine. Case Study: Patent Game: Plavix Why did Bristol-Myers Squibb and Sanofi-Aventis seek a settlement rather than let the patent infringement case go to trial? Bristol-Myers Squibb and Sanofi-Aventis decided to seek a settlement rather than let the patent infringement case go to trial because Apotex voiced that they it expected immediate approval by the FDA. Bristol-Myers also knew that the FTC had opposed the arrangement between Bristol-Myers Squibb and Apotex that restricted the generic drugs from being placed on the market. “Under the consent decree the FTC and the state attorneys general had to approve any Bristol-Myers Squibb arrangements that could be...
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...Bristol- Myers- Squibb Jessica Dodd Mr. David J. Lampi Principles of Management BUS-125 June 30, 2015 Bristol-Myers-Squibb Company Bristol-Myers-Squibb is located at headcourters is located at 345 Park Avenue, New York City, New York 10010. Their Chief executive officer is Mr. Lamberto Andreotti. The approximate number of employees are 25,000. Bristol-Myers-Squibb mission is to be the preeminent global diversified health and personal care Company. Bristol-Myers seeks to achieve success in the global marketplace. Bristol-Myers Squibb Company is in one of the most competitive industries in the world. In the last ten years pharmaceutical products have become increasingly important. With such diseases such as Aids and Cancer plaguing our society, companies such as Bristol-Myers have to take a lead role in fighting these deadly diseases. The Bristol-Myers-Squibb was formed in 1989, following the merger of its predecessors Bristol-Myers and the Squibb corperation. Bristol-Myers was founded in 1887 by William McLaren Bristol and John Ripley Myerts in Clinton, New York both men were graduates from Hamilton College. That would make Bristol-Myers-Squibb 113 year old company. In 1999, President Clinton awarded Bristol-Myers-Squibb the National Medal of Technolgy, the nation’s highest recognition for technological achievement,” for extending and enhancing human life through innovative pharmaceutical research and development and for redefining the science of clinical...
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...Study #3 1. Why did Bristol-Myers Squibb and Sanofi-Aventis seek a settlement rather than let the patent infringement case go to trial? Brystol-Meyers Squibb and Sanofi-Aventis seeked settlement rather than the patent infringement because Apotex had received approval from Food and Drug Administration. The approval allowed Apotex to market the generic version of Plavix at its own risk. Bristol-Meyers also found out that the Federal Trade Commission (FTC) had expressed opposition to agreements that restricted the introduction of generic drugs which might become anti-competitive. With those reasons, Bristol-Meyers Squibb and Sanofi-Aventis want to seek a settlement with Apotex due to FTC approval, delaying the launch of Apotex generic drug until its patent expire that could ensure a continued monopoly until expiration. In addition that, Plavix was the best-selling of Bristol Myers Squibb’s drug and was crucial to the success of the company. Plavix was marketed in the United States by Brystol-Myers Squibb, and U.S. sales were 3.5 billion in 2005 with worldwide sales of over 6 billion. Baron (2010). 2. Should Bristol-Myers Squibb and Sanofi-Aventis have attempted to pay Apotex to prevent it from launching a generic version of Plavix? No. According to Baron (2010) Apotex had invested millions of dollars to construct production facilities and begin to produce clopidogrel bisulfate in late 2005. Bristol- Meyers Squibb and Sanofi-Aventis learned that Apotex...
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...Marketing Management 2 – Final Exam The questions are specific and do not require long answers. We encourage you to use bullet points, tables, and graphs where appropriate. However, we will not read meaning into unclear, vague or incomplete answers. Make sure you explain clearly what you wish to say. Note that the different questions are worth a different number of points. Make sure you base your answer on facts in the case, rather than on any real-world knowledge you may have. If you must make an assumption about information you feel is missing, or about the meaning of a word or phrase that you are not sure about, note your assumption explicitly in your answer. A note of caution– while this case study may seem similar to the Zantac case, you should not assume that what was appropriate in that case is necessarily true here. Questions 1. What were the risks associated with the three specific actions (see p. 4) Warner-Lambert had taken during the development of Lipitor? Why did it take these actions? (10 points) 2. Do a SWOT (strength-weakness-opportunity-threat) analysis of Lipitor and Warner-Lambert (prior to the partnership with Pfizer). Also indicate what you think are the main challenges Lipitor’s marketing strategy should address (List no more than 3 challenges). (25 points) 3. Why did Warner-Lambert/Pfizer team up with the American Heart Association for the pre-launch advertising campaign even though it could not promote its brand name...
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...Alex Sawyer Case review Zimmer Holdings This case article is about a company called Zimmer Holdings, an orthopedic devices firm located in northern Indiana. The article starts off in 2003 and takes place in Singapore where the CEO Ray Elliott, and executive vice president Sam Leno receive news that Smith & Nephew plc, as acquired a Swiss firm Centerpulse. This came to a shock to Zimmer Holdings because they had offered to buy Centerpulse in 2002 but the offer had been declined. There is a Swiss law stating that any company takeover could be countered if a bid is placed within 40 days of the announcement of the takeover. Elliott and Leno have the option of placing a bid on the company they once tried to acquire yet were declined. The orthopedics industry is aimed at helping victims of any type of bone and joint disease or disorder. They reconstruct the bone or joint by inserting a prosthetic to replace the surface. Knee, hip, shoulder, spine and trauma treatments have allowed the orthopedics industry to be profitable and have shown a rise in the past few years. The dental prosthetics are also on the rise creating a niche segment within the industry. Within the past decade there has been a rise in surgical procedures performed in the United States. Osteoarthritis affects nearly 190 million people in the U.S. which is can affect joints and in some cases lead to surgery. We can see that the trend of holding an active lifestyle can lead to a demand for...
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... | | | Bristol-Myers Squibb Charitable Giving is not connected to or conditioned upon the prescription, purchase or recommendation | |of any Bristol-Myers Squibb product or products by any person or entity. Please be advised that decisions regarding Charitable | |Giving are made by a Charitable Giving Committee. Any communication from any person other than an approved representative of the | |Charitable Giving Committee regarding a request or proposal for Charitable Giving, including, but not limited to, a commitment of| |funds, is not authorized or binding upon Bristol-Myers Squibb. | | | |Bristol-Myers Squibb will generally process requests in the order in which completed applications are received. To ensure prompt | |processing of your request, please make sure that all questions are completed and all supplementary materials are provided. | |Requests are generally processed within eight to twelve (8 - 12) weeks of receiving a completed application and all required | |supplementary materials. PLEASE BE AWARE, HOWEVER, THAT BRISTOL-MYERS SQUIBB DOES NOT COMMIT TO PROCESS ANY REQUEST WITHIN ANY | |SPECIFIC TIME PERIOD. To maximize our ability to process your...
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...Bristol Meyers Squibb Company – 2011 Forest David A. Case Abstract Bristol Meyers Squibb (BMY) is a comprehensive strategic management case that includes the company’s year-end 2010 financial statements, organizational chart, competitor information and more. The case time setting is the year 2011. Sufficient internal and external data are provided to enable students to evaluate current strategies and recommend a three-year strategic plan for the company. Headquartered in New York, New York, BMY’s common stock is publicly traded under the ticker symbol BMY. Headquartered in New York City, Bristol-Myers Squibb is a huge pharmaceutical firm with such blockbuster cardiovascular drugs as Plavix and Avapro for hypertension. BMY also produces antipsychotic medication Abilify and HIV treatments Reyataz and Sustiva. BMY also has excellent products in immunoscience, metabolics, neuroscience, oncology, and virology. BMY has 12 manufacturing plants worldwide and conducts research and development in four countries, sells its products globally; the US accounts for two thirds of BMY’s sales. B. Vision Statement (proposed) To become the number one drug manufacturer in the world. C. Mission Statement (proposed) We at Bristol-Myers Squibb pride ourselves with providing high-quality and innovative medicines (2) for our customers (1). We globally (3) perform research to aid in the finding of cures for serious ailments. We use the most advanced equipment (4) and people to ensure the...
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...surgery, and he doesn't miss a chance to take Hayley bike-riding or to teach little Evan a new word. But we've hit a critical time in Nick's battle against cancer. While Stage 4 melanoma has long been considered incurable, a new anti-PD-1 ("PD-1") wonderdrug is showing remarkable results for patients like Nick. But the drug, which is being developed by BristolMyers Squibb and Merck, is still undergoing clinical trials and may not be available to the public for 12 to 18 months. My husband doesn’t have that long to wait. I can't imagine life without Nick. I can't imagine telling Locky he has to watch the big game alone, telling Hayley that Daddy can't take her bike-riding anymore, or knowing that my youngest son won't even remember his dad. I can't live with that possibility and I won't. I will never stop fighting to save my husband. Merck and Bristol-Myers Squibb have the power to grant Nick single patient access to PD-1 right away under compassionate use laws. We’ve been told that this is our last hope for saving my husband’s life. I believe Nick can jump this last hurdle if Merck and Bristol-Myers Squibb give him that chance. Please join...
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...Proposal Letters Components of a good letter proposal: Ask for the gift: The letter should begin with a reference to your prior contact with the funder, if any. State why you are writing and how much funding is required from the particular foundation. Describe the need: In a much abbreviated manner, tell the funder why there is a need for this project, piece of equipment, etc. Explain what you will do: Just as you would in a fuller proposal, provi interest. Describe precisely what will take place as a result of the grant. Provide agency data: Help the funder know a bit more about your organization by including your mission statement, brief description of programs offered, number of people served, and staff, volunteer and board data, if appropriate. Include appropriate budget data: Even a letter request may have a budget that is a half page long. Decide if this information should be incorporated into the letter or in a separate attachment. Whichever course you choose, be sure to indicate the total cost of the project. Discuss future funding only if the absence of this information will raise questions. Close: As with the longer proposal, a letter proposal needs a strong concluding statement. Attach any additional information required: The funder may need much of the same information to back up a small request as a large one: board list, a copy of your IRS determination letter, financial documentation, and brief resumes of key staff...
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