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ANTITRUST Medical device makers settle lawsuit for $11M SYRACUSE, N.Y. (AP) � Conmed Corp., a medical technology company, has agreed to drop an antitrust lawsuit against rival Johnson & Johnson in return for an $11 million settlement. In 2003, Conmed sued Johnson & Johnson in a New York federal court, claiming it could not sell its surgical instruments because hospitals were being bullied into purchasing products from Johnson & Johnson. Conmed accused Johnson & Johnson of illegally using its monopoly as a maker of sutures to force hospitals to buy its surgical products. CONSUMER PROTECTION Pfizer units fined $35M fines over kickbacks BOSTON (AP) � Two subsidiaries of Pfizer Inc. have agreed to pay fines totaling $34.7 million for offering kickbacks to recommend company drugs and for illegally promoting the human-growth hormone product Genotropin for uses not approved by the Food and Drug Administration. Prosecutors allege that Pharmacia & Upjohn Co. Inc. offered to overpay a subsidiary of a pharmacy benefit manager by $12.3 million in the hope the company would, in turn, recommend Pharmacia’s drug products to its clients. Another Pfizer subsidiary, Pharmacia & Upjohn Co. LLC, has agreed to pay $15 million to settle allegations that it illegally promoted Genotropin for nonapproved uses such as athletic-performance enhancement. PATENTS Business-software maker is guilty of infringement REDWOOD CITY, CALIF. (AP) � Data integration software provider Informatica Corp. said that a California federal jury has awarded it $25 million in a patent infringement lawsuit against business-intelligence software maker Business Objects S.A. According to Informatica, the jury found that Business Objects had willfully infringed on two of its patents. Informatica filed the suit in July 2002, asserting that the Actaworks product, which is now sold by Business Objects as Data Integrator, violated its patents. POLLUTION Wastewater discharge costs oil company $5.5M TULSA, OKLA. (AP) � An Oklahoma federal judge has ordered Sinclair Oil Corp. and two of its former managers to pay $5.5 million for environmental crimes. The company, John Kapura and Harmon Connell allegedly manipulated samplings to influence testing results that were reported to the Oklahoma Department of Environmental Quality and the Environmental Protection Agency. According to court records, the Sinclair refinery discharged treated wastewater into the Arkansas River. REGULATORY ACTION Utility to pay $90M over air pollution violations LAS VEGAS (AP) � Nevada Power Co. has entered into a $90 million settlement with state and federal regulators to resolve allegations of air pollution violations at a coal-fired electric plant. The settlement includes a $1 million fine, $4 million in energy conservation projects and nearly $85 million in technology upgrades to the Reid Gardner plant 40 miles northeast of Las Vegas. The plant received 56 violation notices in July 2005, most involving failure to comply with emissions limits and failure to record information for regulators. Hospital operator, SEC reach $10M settlement WASHINGTON (AP) � Tenet Healthcare Corp. has agreed to pay a $10 million civil penalty to settle charges that it failed to disclose that its earnings growth from 1999 to 2002 was driven by its exploitation of a loophole in the Medicare reimbursement system. The U.S. Securities and Exchange Commission also charged four former Tenet executives in connection with the scheme. Dallas-based Tenet’s scheme allegedly involved the payments it received for caring for extraordinarily sick Medicare patients, known as “outlier payments.” Tenet discovered that it could inflate its revenue by increasing one of the numbers used in the Medicare formula to calculate such payments � the gross charges, or prices, for individual procedures. SEX ABUSE Navy officer, abused as teenager, awarded $41M WILMINGTON, DEL. (AP) � A Delaware federal jury has awarded $41 million to a Navy officer who said that a Roman Catholic priest sexually abused him hundreds of times when he was a teenager. Jurors awarded Commander Kenneth Whitwell $6 million in compensatory damages and $35 million in punitive damages. Whitwell, 39, claimed the Rev. Edward J. Smith raped and sodomized him more than 230 times over several years at Archmere Academy, and that church officials did nothing to stop it. The Catholic Diocese of Wilmington, Bishop Michael Saltarelli and the high school were dismissed from the lawsuit last year. Whitwell won a default judgment against Smith in January after Smith failed to respond to the lawsuit. Smith cannot be prosecuted criminally because the statute of limitations has expired.

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