0001144204-07-063149.txt : 20071119 0001144204-07-063149.hdr.sgml : 20071119 20071119163957 ACCESSION NUMBER: 0001144204-07-063149 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 4 FILED AS OF DATE: 20071119 DATE AS OF CHANGE: 20071119 GROUP MEMBERS: D. E. SHAW & CO., L.P. GROUP MEMBERS: DAVID E. SHAW SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: MYLAN INC. CENTRAL INDEX KEY: 0000069499 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 251211621 STATE OF INCORPORATION: PA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-10728 FILM NUMBER: 071256877 BUSINESS ADDRESS: STREET 1: 1500 CORPORATE DRIVE STREET 2: SUITE 400 CITY: CANONSBURG STATE: PA ZIP: 15317 BUSINESS PHONE: 724-514-1800 MAIL ADDRESS: STREET 1: 1500 CORPORATE DRIVE STREET 2: SUITE 400 CITY: CANONSBURG STATE: PA ZIP: 15317 FORMER COMPANY: FORMER CONFORMED NAME: MYLAN LABORATORIES INC DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: FRM CORP DATE OF NAME CHANGE: 19711003 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: D. E. SHAW & CO, L.L.C. CENTRAL INDEX KEY: 0001277502 IRS NUMBER: 133799946 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: 39TH FLOOR, TOWER 45 STREET 2: 120 WEST FORTY-FIFTH STREET CITY: NEW YORK STATE: NY ZIP: 10036 BUSINESS PHONE: 2124780000 MAIL ADDRESS: STREET 1: 39TH FLOOR, TOWER 45 STREET 2: 120 WEST FORTY-FIFTH STREET CITY: NEW YORK STATE: NY ZIP: 10036 FORMER COMPANY: FORMER CONFORMED NAME: D E SHAW & CO LLC DATE OF NAME CHANGE: 20040127 SC 13G 1 v094847_sc13g.htm

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

SCHEDULE 13G

Under the Securities Exchange Act of 1934

Mylan Inc.

(Name of Issuer)

Common Stock, $0.50 par value

(Title of Class of Securities)

628530107

(CUSIP Number)

November 7, 2007

(Date of Event Which Requires Filing of this Statement)

Check the following box to designate the rule pursuant to which the Schedule is filed:

o	Rule 13d-1(b)
x	Rule 13d-1(c)
o	Rule 13d-1(d)

*The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.

The information required in the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

CUSIP No. 628530107

	1.	Names of Reporting Persons I.R.S. Identification Nos. of above persons (entities only) D. E. Shaw & Co., L.L.C. 13-3799946

	2.	Check the Appropriate Box if a Member of a Group (See Instructions)
		(a)		o
		(b)		o

	3.	SEC Use Only

	4.	Citizenship or Place of Organization Delaware

Number of Shares Beneficially Owned by Each Reporting Person With			5.		Sole Voting Power -0-

			6.		Shared Voting Power 16,355,067 (1)

			7.		Sole Dispositive Power -0-

			8.		Shared Dispositive Power 16,355,067 (1)

	9.	Aggregate Amount Beneficially Owned by Each Reporting Person 16,355,067 (1)

	10.	Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions) o

	11.	Percent of Class Represented by Amount in Row (9) 5.3% (2)

	12.	Type of Reporting Person (See Instructions) OO

1 Includes preferred stock convertible into 5,562,060 shares.

2 Based on 302,391,625 shares of outstanding common stock and including the 5,562,060 shares from the potential conversion of the preferred stock for a total of 307,953,685 shares outstanding.

CUSIP No. 628530107

	1.	Names of Reporting Persons I.R.S. Identification Nos. of above persons (entities only) D. E. Shaw & Co., L.P. 13-3695715

	2.	Check the Appropriate Box if a Member of a Group (See Instructions)
		(a)		o
		(b)		o

	3.	SEC Use Only

	4.	Citizenship or Place of Organization Delaware

Number of Shares Beneficially Owned by Each Reporting Person With			5.		Sole Voting Power -0-

			6.		Shared Voting Power 22,585,074 (1)

			7.		Sole Dispositive Power -0-

			8.		Shared Dispositive Power 22,585,074 (1)

	9.	Aggregate Amount Beneficially Owned by Each Reporting Person 22,585,074 (1)

	10.	Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions) o

	11.	Percent of Class Represented by Amount in Row (9) 7.3% (2)

	12.	Type of Reporting Person (See Instructions) IA, PN

1 Includes preferred stock convertible into 5,562,060 shares.

2 Based on 302,391,625 shares of outstanding common stock and including the 5,562,060 shares from the potential conversion of the preferred stock for a total of 307,953,685 shares outstanding.

CUSIP No. 628530107

	1.	Names of Reporting Persons I.R.S. Identification Nos. of above persons (entities only) David E. Shaw

	2.	Check the Appropriate Box if a Member of a Group (See Instructions)
		(a)		o
		(b)		o

	3.	SEC Use Only

	4.	Citizenship or Place of Organization United States

Number of Shares Beneficially Owned by Each Reporting Person With			5.		Sole Voting Power -0-

			6.		Shared Voting Power 22,585,074 (1)

			7.		Sole Dispositive Power -0-

			8.		Shared Dispositive Power 22,585,074 (1)

	9.	Aggregate Amount Beneficially Owned by Each Reporting Person 22,585,074 (1)

	10.	Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions) o

	11.	Percent of Class Represented by Amount in Row (9) 7.3% (2)

	12.	Type of Reporting Person (See Instructions) IN

1 Includes preferred stock convertible into 5,562,060 shares.

2 Based on 302,391,625 shares of outstanding common stock and including the 5,562,060 shares from the potential conversion of the preferred stock for a total of 307,953,685 shares outstanding.

Item 1.

	(a)	Name of Issuer:
		Mylan Inc.

	(b)	Address of Issuer's Principal Executive Offices:
		1500 Corporate Drive Canonsburg, PA 15317

Item 2.

	(a)	Name of Person Filing:
		D. E. Shaw & Co., L.L.C. D. E. Shaw & Co., L.P. David E. Shaw

	(b)	Address of Principal Business Office or, if none, Residence:
		The business address for each reporting person is: 120 W. 45^th Street, Tower 45, 39^th Floor New York, NY 10036

	(c)	Citizenship:
		D. E. Shaw & Co., L.L.C. is a limited liability company organized under the laws of the state of Delaware. D. E. Shaw & Co., L.P. is a limited partnership organized under the laws of the state of Delaware. David E. Shaw is a citizen of the United States of America.

	(d)	Title of Class of Securities:
		Common Stock, $0.50 par value

	(e)	CUSIP Number:
		628530107

Item 3.

If this statement is filed pursuant to Rule 13d-1(b) or 13d-2(b) or (c), check whether the person filing is a:

Not applicable

Item 4.

Ownership


As of November 15, 2007:

(a) Amount beneficially owned:

D. E. Shaw & Co., L.L.C.:	16,355,067 shares This is composed of (i) 13,032,899 shares in the name of D. E. Shaw Composite Portfolios, L.L.C., (ii) 1,853,903 shares in the name of D. E. Shaw Oculus Portfolios, L.L.C., (iii) 1,463,700 shares that D. E. Shaw Laminar Portfolios, L.L.C. has the right to acquire through the conversion of MYL 6.50% mandatory convertible preferred stock, and (iv) 4,565 shares in the name of D. E. Shaw Synoptic Portfolios 2, L.L.C.


D. E. Shaw & Co., L.P.:	22,585,074 shares This is composed of (i) 13,032,899 shares in the name of D. E. Shaw Composite Portfolios, L.L.C., (ii) 2,131,647 shares in the name of D. E. Shaw Valence Portfolios, L.L.C., (iii) 4,098,360 shares that D. E. Shaw Valence Portfolios, L.L.C. has the right to acquire through the conversion of MYL 6.50% mandatory convertible preferred stock, (iv) 1,853,903 shares in the name of D. E. Shaw Oculus Portfolios, L.L.C., (v) 1,463,700 shares that D. E. Shaw Laminar Portfolios, L.L.C. has the right to acquire through the conversion of MYL 6.50% mandatory convertible preferred stock, and (vi) 4,565 shares in the name of D. E. Shaw Synoptic Portfolios 2, L.L.C.

David E. Shaw:

22,585,074 shares

This is composed of (i) 13,032,899 shares in the name of D. E. Shaw Composite Portfolios, L.L.C., (ii) 2,131,647 shares in the name of D. E. Shaw Valence Portfolios, L.L.C., (iii) 4,098,360 shares that D. E. Shaw Valence Portfolios, L.L.C. has the right to acquire through the conversion of MYL 6.50% mandatory convertible preferred stock, (iv) 1,853,903 shares in the name of D. E. Shaw Oculus Portfolios, L.L.C., (v) 1,463,700 shares that D. E. Shaw Laminar Portfolios, L.L.C. has the right to acquire through the conversion of MYL 6.50% mandatory convertible preferred stock, and (vi) 4,565 shares in the name of D. E. Shaw Synoptic Portfolios 2, L.L.C.

(b) Percent of class:
D. E. Shaw & Co., L.L.C.:	5.3%
D. E. Shaw & Co., L.P.:	7.3%
David E. Shaw:	7.3%


(c) Number of shares to which the person has:
(i)	Sole power to vote or to direct the vote:
	D. E. Shaw & Co., L.L.C.:	-0- shares
	D. E. Shaw & Co., L.P.:	-0- shares
	David E. Shaw:	-0- shares

(ii)	Shared power to vote or to direct the vote:
	D. E. Shaw & Co., L.L.C.:	16,355,067 shares
	D. E. Shaw & Co., L.P.:	22,585,074 shares
	David E. Shaw:	22,585,074 shares

(iii)	Sole power to dispose or to direct the disposition of:
	D. E. Shaw & Co., L.L.C.:	-0- shares
	D. E. Shaw & Co., L.P.:	-0- shares
	David E. Shaw:	-0- shares

(iv)	Shared power to dispose or to direct the disposition of:
	D. E. Shaw & Co., L.L.C.:	16,355,067 shares
	D. E. Shaw & Co., L.P.:	22,585,074 shares
	David E. Shaw:	22,585,074 shares

David E. Shaw does not own any shares directly. By virtue of David E. Shaw’s position as President and sole shareholder of D. E. Shaw & Co., Inc., which is the general partner of D. E. Shaw & Co., L.P., which in turn is the investment adviser of D. E. Shaw Oculus Portfolios, L.L.C., D. E. Shaw Laminar Portfolios, L.L.C., and D. E. Shaw Synoptic Portfolios 2, L.L.C., and the managing member and investment adviser of D. E. Shaw Valence Portfolios, L.L.C., and by virtue of David E. Shaw’s position as President and sole shareholder of D. E. Shaw & Co. II, Inc., which is the managing member of D. E. Shaw & Co., L.L.C., which in turn is the managing member of D. E. Shaw Oculus Portfolios, L.L.C., D. E. Shaw Laminar Portfolios, L.L.C., and D. E. Shaw Synoptic Portfolios 2, L.L.C., David E. Shaw may be deemed to have the shared power to vote or direct the vote of, and the shared power to dispose or direct the disposition of, the 22,585,074 shares as described above constituting 7.3% of the outstanding shares and, therefore, David E. Shaw may be deemed to be the beneficial owner of such shares. David E. Shaw disclaims beneficial ownership of such 22,585,074 shares.

Item 5.

Ownership of Five Percent or Less of a Class

Not Applicable

Item 6.

Ownership of More than Five Percent on Behalf of Another Person

Not Applicable

Item 7.

Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company or Control Person

Not Applicable

Item 8.

Identification and Classification of Members of the Group

Not Applicable

Item 9.

Notice of Dissolution of Group

Not Applicable

Item 10.

Certification

By signing below, each of D. E. Shaw & Co., L.L.C., D. E. Shaw & Co., L.P., and David E. Shaw certify that, to the best of such reporting person’s knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having such purposes or effect.

SIGNATURE

After reasonable inquiry and to the best of their knowledge and belief, the undersigned certify that the information set forth in this statement is true, complete and correct. Powers of Attorney, dated October 24, 2007, granted by David E. Shaw in favor of Anne Dinning, are attached hereto.

Dated: November 19, 2007


	D. E. Shaw & Co., L.L.C.

	By:	/s/ Anne Dinning
		Anne Dinning Managing Director


	D. E. Shaw & Co., L.P.

	By:	/s/ Anne Dinning
		Anne Dinning Managing Director


	David E. Shaw

	By:	/s/ Anne Dinning
		Anne Dinning Attorney-in-Fact for David E. Shaw

EX-1 2 v094847_ex-1.htm

Exhibit 1

POWER OF ATTORNEY

FOR CERTAIN FILINGS

UNDER THE SECURITIES EXCHANGE ACT OF 1934

I, David E. Shaw, hereby make, constitute, and appoint each of:

Anne Dinning,

Rochelle Elias,

Julius Gaudio,

John Liftin,

Louis Salkind,

Stuart Steckler,

Maximilian Stone, and

Eric Wepsic,

acting individually, as my agent and attorney-in-fact, with full power of substitution, for the purpose of, from time to time, executing in my name and/or my capacity as President of D. E. Shaw & Co., Inc. (acting for itself or as the general partner of D. E. Shaw & Co., L. P. and general partner, managing member, or manager of other entities, any of which in turn may be acting for itself or other entities) all documents, certificates, instruments, statements, other filings, and amendments to the foregoing (collectively, “documents”) determined by such person to be necessary or appropriate to comply with ownership or control-person reporting requirements imposed by any United States or non-United States governmental or regulatory authority, including without limitation Forms 3, 4, 5, and 13F and Schedules 13D and 13G required to be filed with the Securities and Exchange Commission; and delivering, furnishing, or filing any such documents to or with the appropriate governmental or regulatory authority. Any such determination shall be conclusively evidenced by such person’s execution, delivery, furnishing, and/or filing of the applicable document.

This power of attorney shall be valid from the date hereof and replaces the power granted on February 24, 2004, which is hereby cancelled.

IN WITNESS HEREOF, I have executed this instrument as of the date set forth below.

Date: October 24, 2007

DAVID E. SHAW, as President of

D. E. Shaw & Co., Inc.

/s/ David E. Shaw

New York, New York

EX-2 3 v094847_ex-2.htm

Exhibit 2

POWER OF ATTORNEY

FOR CERTAIN FILINGS

UNDER THE SECURITIES EXCHANGE ACT OF 1934

I, David E. Shaw, hereby make, constitute, and appoint each of:

Anne Dinning,

Rochelle Elias,

Julius Gaudio,

John Liftin,

Louis Salkind,

Stuart Steckler,

Maximilian Stone, and

Eric Wepsic,

acting individually, as my agent and attorney-in-fact, with full power of substitution, for the purpose of, from time to time, executing in my name and/or my capacity as President of D. E. Shaw & Co. II, Inc. (acting for itself or as the managing member of D. E. Shaw & Co., L.L.C. and general partner, managing member, or manager of other entities, any of which in turn may be acting for itself or other entities) all documents, certificates, instruments, statements, other filings, and amendments to the foregoing (collectively, “documents”) determined by such person to be necessary or appropriate to comply with ownership or control-person reporting requirements imposed by any United States or non-United States governmental or regulatory authority, including without limitation Forms 3, 4, 5, and 13F and Schedules 13D and 13G required to be filed with the Securities and Exchange Commission; and delivering, furnishing, or filing any such documents to or with the appropriate governmental or regulatory authority. Any such determination shall be conclusively evidenced by such person’s execution, delivery, furnishing, and/or filing of the applicable document.

This power of attorney shall be valid from the date hereof and replaces the power granted on February 24, 2004, which is hereby cancelled.

IN WITNESS HEREOF, I have executed this instrument as of the date set forth below.

Date: October 24, 2007

DAVID E. SHAW, as President of

D. E. Shaw & Co. II, Inc.

/s/ David E. Shaw

New York, New York

EX-3 4 v094847_ex-3.htm

Exhibit 3

JOINT FILING AGREEMENT

In accordance with Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended, each of the undersigned Reporting Persons hereby agrees to the joint filing, along with all other such Reporting Persons, on behalf of each of them of a statement on Schedule 13G (including amendments thereto) with respect to the Common Stock, $0.50 par value, of Mylan Inc., and that this Agreement be included as an Exhibit to such joint filing. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument.

IN WITNESS WHEREOF, each of the undersigned hereby executes this Agreement as of this 19th day of November, 2007.


	D. E. Shaw & Co., L.L.C.

	By:	/s/ Anne Dinning
		Anne Dinning Managing Director


	D. E. Shaw & Co., L.P.

	By:	/s/ Anne Dinning
		Anne Dinning Managing Director


	David E. Shaw

	By:	/s/ Anne Dinning
		Anne Dinning Attorney-in-Fact for David E. Shaw