Nov 5 (Reuters) - Bristol Myers Squibb ( BMY ) reached a
$239 million settlement of claims that former Celgene
shareholders were defrauded about prospects for the psoriasis
drug Otezla, and multiple sclerosis treatment now known as
Zeposia.
A preliminary settlement of the 7-1/2-year-old class action
was filed on Tuesday night in the federal court in Newark, New
Jersey, and requires a judge's approval.
Bristol Myers bought Celgene for $80.3 billion in cash and
stock in November 2019. It did not immediately respond to
requests for comment on Wednesday.
Celgene was accused of overstating the revenue potential for
Otezla and ozanimod, the generic name for Zeposia, as it
prepared for the eventual loss of patent protection for its
blockbuster multiple myeloma drug Revlimid.
The company and two executives allegedly ignored internal
warnings that Otezla would generate less revenue than investors
were being promised, and that the U.S. Food and Drug
Administration would not approve ozanimod without required study
data.
Celgene's alleged misrepresentations inflated its share
price, causing billions of dollars of shareholder losses after
the truth came out, the lawsuit said.
All defendants denied wrongdoing, and settled to avoid the
uncertainty and cost of further litigation.
Amgen ( AMGN ) bought Otezla from Celgene for $13.4 billion
in cash in 2019.
The class is led by Swedish pension fund AMF Tjanstepension
AB, and includes former Celgene shareholders from April 27, 2017
to April 27, 2018.
Matthew Mustokoff, a lawyer for the shareholders, said they
were gratified by the settlement.
Celgene was based in Summit, New Jersey, and Bristol Myers
is based in Princeton, New Jersey.
The shareholders' lawyers plan to seek up to 30% of the
settlement fund, or about $71.7 million, for fees, plus up to
$5.75 million for costs.
The case is In re Celgene Corp Securities Litigation, U.S.
District Court, District of New Jersey, No. 18-04772.
(Reporting by Jonathan Stempel in New York
Editing by Bill Berkrot
)