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Icahn Back to Batter Biogen

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Round three of Carl Icahn vs. Biogen Idec (Nasdaq: BIIB  ) has just begun. Two years ago, the billionaire activist investor waged a proxy fight to get seats on the company's board, to no avail. In round two, investors gave him two of the three seats he asked for. During intermission, CEO James Mullen retired, amid speculation that he wasn't interested in going another round.

Icahn still has fight in him, though. Yesterday, Biogen said it had received word that Icahn plans to nominate three more people to the board. He's also asking that the bylaws be amended to fix the number of seats at 12, presumably so that Biogen can't expand its board faster than Icahn can get seats on it.

There are four spots open, but Icahn is only nominating three candidates. That might be because one of the spots belongs to Brian Posner, whom Icahn nominated to the board of Yahoo! (Nasdaq: YHOO  ) in 2008. If investors vote for Icahn's three nominees, and Posner wins and sides with Icahn on the Biogen board, Icahn would end up with control of half of the board.

Since the beginning, Icahn's goal has been to get Biogen sold. That probably hasn't changed much: Two of his nominees were on the board with him at ImClone Systems, where they were able to get Eli Lilly (NYSE: LLY  ) to outbid Bristol-Myers Squibb (NYSE: BMY  ) for that company.

As part of the proxy fight last year, Icahn proposed breaking Biogen in two to make it easier to sell. One half would get the Tysabri partnership with Elan (NYSE: ELN  ) , and the other its Rituxan partnership with Roche. The two halves might be easier to sell, but I'm still not convinced that move would unleash much pent-up value.

Investors should have mixed emotions about Icahn meddling farther into Biogen's business. The company hasn't performed all that well over the last few years, and proxy fights are a major cost and distraction for the company. The only entities that might be excited about the move are Genzyme (Nasdaq: GENZ  ) and Amylin Pharmaceuticals (Nasdaq: AMLN  ) , which may be hoping that Icahn is distracted enough to not come (further) after them.

Chuck Saletta wants to know whether this guy is the next Buffett. Hint: He doesn't mean Icahn.

Elan is a Motley Fool Rule Breakers recommendation. The newsletter hunts for hot drug stocks and other cutting-edge picks. See all of our latest discoveries with a free 30-day trial subscription.

Fool contributor Brian Orelli, Ph.D., doesn't own shares of any company mentioned in this article. The Fool has a disclosure policy.

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Help us keep this a respectfully Foolish area! This is a place for our readers to discuss, debate, and learn more about the Foolish investing topic you read about above. Help us keep it clean and safe. If you believe a comment is abusive or otherwise violates our Fool's Rules, please report it via the Report this Comment Report this Comment icon found on every comment.

  • Report this Comment On January 29, 2010, at 6:31 PM, bronx wrote:

    If you had done your due diligence on Amylin, you would have known that Carl Icahn filed a Sec filing on 1/25/10 detailing his support of Amylin and its current Board of Directors. Icahn stated in his Sec filing that he will "NOT" seek to nominate any new candidates for election to Amylin's Board of Directors at this years annual share holder meeting and that he is satisfied with the way Amylin is now being managed and the cooperation he sees going on between the existing 12 members of the Board of Directors at Amylin, including the 4 new members that were elected to the Board in 2009. Amylin also agreed with Icahn to renominate and support the current 12 member board for re-election in 2010. Contrary to the statement you made in the article, Amylin has nothing to worry about Icahn coming after them and in fact, it appears Icahn recognizes the many positives going on at Amylin today, its promising future and the huge upside potential the company offers today's share holders including his 10% holdings in the company.



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