Solis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, No. 2:09-cv-03010-MCE-EFB ex rel. FRANK SOLIS, 12 Plaintiff, MEMORANDUM AND ORDER v.

MILLENNIUM PHARMACEUTICALS,

INC., SCHERING-PLOUGH CORP., and MERCK & CO., 16 Defendants.

18 This lawsuit was originally filed under seal on November 4, 2009, pursuant to the qui tam provisions of the Federal False Claims Act, 31 U.S.C. §§ 3729, et seq. (“FCA”) The Defendants, who are pharmaceutical companies, include Millennium Pharmaceuticals, Inc., Schering-Plough Corp., and Merck & Co. (“Defendants” unless otherwise indicated). The so-called “Relator” plaintiff, Frank Solis, (“Relator” or “Plaintiff”) a former sales employee who at various points worked for all three Defendants, claims that the companies fraudulently marketed and/or promoted the use of two drugs, Integrilin and Avelox. Relator alleges that Defendants promoted so-called “off label” uses for Integrilin not approved by the Food and Drug Administration (“FDA”). In so doing,…