In re Relafen Antitrust Litigation
Louisiana Wholesale Drug Co., Inc., v. Smithkline Beecham Corporation, d/b/a GlaxoSmithKline, and Smithkline Beecham PLC,
No. 02-11242; Meijer, Inc., v. Smithkline Beecham PLC, et al., No. 01-12239, D. Ma. (Honorable William G. Young,
Chief Judge).

Garwin, Bronzaft, Gerstein & Fisher, L.L.P., is co-lead counsel in this class action filed in the United States District
Court for the District of Massachusetts on behalf of Louisiana Wholesale Drug Company, Inc. ("Louisiana Wholesale")
and other direct purchasers of RelafenŽ. Louisiana Wholesale alleges that the manufacturer of RelafenŽ, SmithKline
Beecham Corporation, d/b/a as GlaxoSmithKline, and GlaxoSmithKline, PLC (collectively "GSK") violated Section 2 of
the Sherman Act, 15 U.S.C. § 2, by monopolizing the market for nabumetone (the active ingredient in RelafenŽ). More
specifically, Louisiana Wholesale alleges that GSK delayed the marketing of less expensive generic versions of RelafenŽ by
making fraudulent misrepresentations to the U.S. Patent and Trademark Office when obtaining its patent for RelafenŽ
(U.S. Patent No. 4,420,639), by improperly listing the patent in a publication of the U.S. Food and Drug
Administration (Approved Drug Products with Therapeutic Equivalence Evaluations, also known as the "Orange Book"), and by
bringing sham lawsuits against companies that manufactured less expensive generic versions of RelafenŽ. Louisiana
Wholesale argues that the delay in the marketing of generic versions of RelafenŽ forced purchasers of RelafenŽ to pay
higher prices for nabumetone. GSK denies these allegations and argues that it acted in good faith.
On October 29, 2003, the Court ruled that the action may proceed as a class action and defined the class as follows:

All persons or entities in the United States or its territories who purchased RelafenŽ directly from SmithKline Beecham
Corporation d/b/a GlaxoSmithKline and/or GlaxoSmithKline, PLC (collectively the "defendants" or "SmithKline") at any time
during the period of September 1, 1998 through December 31, 2002 (the "Class").

The Class excludes governmental entities, and the defendants and their officers, directors, management, employees,
subsidiaries, and affiliates. Also excluded from the Class are the claims brought by and/or assigned to entities which
already independently sued GSK in the actions styled CVS Meridian, Inc., and Rite Aid Corp., v. SmithKline Beecham Corp.,
et al., No. 03 10040 WGY and Walgreen Co., et al., v. SmithKline Beecham Corp., et al., No. 02 10588 WGY ("the CVS and
Walgreen Actions"). It also excludes parties who purchased RelafenŽ during this period but only from sources other
than the defendants, such as from wholesalers or retailers.

On January 9, 2004 the parties entered into a settlement agreement (the "Settlement Agreement") which if approved by the
Court will resolve the litigation. Pursuant to the Settlement Agreement, GSK, on behalf of all defendants, has paid
$175 million in cash into an escrow account for the benefit of the Direct Purchaser Class (the "Settlement Fund"). In
the event the proposed settlement is approved by the Court and becomes final, the Settlement Fund, net of attorneys'
fees, costs and expenses as approved by the Court, will be distributed in accordance with a plan of
allocation approved by the Court.

The Settlement Agreement was preliminarily approved by the Court on February 13, 2004. The Court directed that notice be
sent to Class members advising them of the Settlement Agreement and their right to object to any of its terms. The
Court also scheduled a "Fairness Hearing" on April 9, 2003 to determine whether the Settlement Agreement, the proposed
plan of allocation and counsel's motion for attorneys' fees and expenses should be approved.

Copies of the Settlement Agreement, the "Notice of Proposed Settlement of Class Action, Class Counsel's Motion for
Attorneys' Fees, and Hearing Regarding Settlement"and other relevant documents are retrievable below.


NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION, CLASS COUNCEL'S MOTION FOR ATTORNEYS' FEES AND HEARING SETTLEMENT

SETTLEMENT AGREEMENT