0001144204-08-000472.txt : 20080103 0001144204-08-000472.hdr.sgml : 20080103 20080103163810 ACCESSION NUMBER: 0001144204-08-000472 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 4 FILED AS OF DATE: 20080103 DATE AS OF CHANGE: 20080103 GROUP MEMBERS: D. E. SHAW & CO., L.L.C. 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/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-10728 FILM NUMBER: 08507104 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 Composite Portfolios, L.L.C. CENTRAL INDEX KEY: 0001391995 IRS NUMBER: 134152438 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: TOWER 45, 120 WEST 45TH STREET STREET 2: 39TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10036 BUSINESS PHONE: 212-478-0000 MAIL ADDRESS: STREET 1: TOWER 45, 120 WEST 45TH STREET STREET 2: 39TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10036 SC 13G/A 1 v098703_sc13ga.htm

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

SCHEDULE 13G

(Amendment No. 1)

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)

December 12, 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 Composite Portfolios, L.L.C. 13-4152438

	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 16,547,341

			7.		Sole Dispositive Power -0-

			8.		Shared Dispositive Power 16,547,341

	9.	Aggregate Amount Beneficially Owned by Each Reporting Person 16,547,341

	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) 5.5%

	12.	Type of Reporting Person (See Instructions) OO

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 19,496,486 (1)

			7.		Sole Dispositive Power -0-

			8.		Shared Dispositive Power 19,496,486 (1)

	9.	Aggregate Amount Beneficially Owned by Each Reporting Person 19,496,486 (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) 6.4% (2)

	12.	Type of Reporting Person (See Instructions) OO

1 Includes preferred stock convertible into 1,463,700 shares.

2 Based on 302,391,625 shares of outstanding common stock and including the 1,463,700 shares from the potential conversion of the preferred stock for a total of 303,855,325 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 25,544,961 (1)

			7.		Sole Dispositive Power -0-

			8.		Shared Dispositive Power 25,544,961 (1)

	9.	Aggregate Amount Beneficially Owned by Each Reporting Person 25,544,961 (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) 8.3% (2)

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

1 Includes preferred stock convertible into 6,293,910 shares.

2 Based on 302,391,625 shares of outstanding common stock and including the 6,293,910 shares from the potential conversion of the preferred stock for a total of 308,685,535 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 25,544,961 (1)

			7.		Sole Dispositive Power -0-

			8.		Shared Dispositive Power 25,544,961 (1)

	9.	Aggregate Amount Beneficially Owned by Each Reporting Person 25,544,961 (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) 8.3% (2)

	12.	Type of Reporting Person (See Instructions) IN

1 Includes preferred stock convertible into 6,293,910 shares.

2 Based on 302,391,625 shares of outstanding common stock and including the 6,293,910 shares from the potential conversion of the preferred stock for a total of 308,685,535 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 Composite Portfolios, L.L.C. 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 Composite Portfolios, L.L.C. is a limited liability company organized under the laws of the state of Delaware. 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 December 31, 2007:

(a) Amount beneficially owned:

D. E. Shaw Composite Portfolios, L.L.C.:	16,547,341 shares

D. E. Shaw & Co., L.L.C.:	19,496,486 shares This is composed of (i) 16,547,341 shares in the name of D. E. Shaw Composite Portfolios, L.L.C., (ii) 1,484,603 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) 842 shares in the name of D. E. Shaw Synoptic Portfolios 2, L.L.C.


D. E. Shaw & Co., L.P.:	25,544,961 shares This is composed of (i) 16,547,341 shares in the name of D. E. Shaw Composite Portfolios, L.L.C., (ii) 1,218,265 shares in the name of D. E. Shaw Valence Portfolios, L.L.C., (iii) 4,830,210 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) 1,484,603 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) 842 shares in the name of D. E. Shaw Synoptic Portfolios 2, L.L.C.

David E. Shaw:

25,544,961 shares

This is composed of (i) 16,547,341 shares in the name of D. E. Shaw Composite Portfolios, L.L.C., (ii) 1,218,265 shares in the name of D. E. Shaw Valence Portfolios, L.L.C., (iii) 4,830,210 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) 1,484,603 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) 842 shares in the name of D. E. Shaw Synoptic Portfolios 2, L.L.C.

(b) Percent of class:
D. E. Shaw Composite Portfolios, L.L.C.:	5.5%
D. E. Shaw & Co., L.L.C.:	6.4%
D. E. Shaw & Co., L.P.:	8.3%
David E. Shaw:	8.3%


(c) Number of shares to which the person has:
(i)	Sole power to vote or to direct the vote:
	D. E. Shaw Composite Portfolios, L.L.C.:	-0- shares
	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 Composite Portfolios, L.L.C.:	16,547,341 shares
	D. E. Shaw & Co., L.L.C.:	19,496,486 shares
	D. E. Shaw & Co., L.P.:	25,544,961 shares
	David E. Shaw:	25,544,961 shares

(iii)	Sole power to dispose or to direct the disposition of:
	D. E. Shaw Composite Portfolios, L.L.C.:	-0- shares
	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 Composite Portfolios, L.L.C.:	16,547,341 shares
	D. E. Shaw & Co., L.L.C.:	19,496,486 shares
	D. E. Shaw & Co., L.P.:	25,544,961 shares
	David E. Shaw:	25,544,961 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 Composite Portfolios, L.L.C., 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 Composite Portfolios, L.L.C., 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 25,544,961 shares as described above constituting 8.3% 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 25,544,961 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 Composite Portfolios, L.L.C., 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 Rochelle Elias, are attached hereto.

Dated: January 3, 2008


D. E. Shaw Composite Portfolios, L.L.C.
By:	D. E. Shaw & Co., L.L.C., as
	managing member

	By:	/s/ Rochelle Elias
		Rochelle Elias Chief Compliance Officer


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

	By:	/s/ Rochelle Elias
		Rochelle Elias Chief Compliance Officer


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

	By:	/s/ Rochelle Elias
		Rochelle Elias Chief Compliance Officer


	David E. Shaw

	By:	/s/ Rochelle Elias
		Rochelle Elias Attorney-in-Fact for David E. Shaw

EX-1 2 v098703_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 v098703_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 v098703_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 3rd day of January, 2008.


D. E. Shaw Composite Portfolios, L.L.C.
By:	D. E. Shaw & Co., L.L.C., as
	managing member

	By:	/s/ Rochelle Elias
		Rochelle Elias Chief Compliance Officer


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

	By:	/s/ Rochelle Elias
		Rochelle Elias Chief Compliance Officer


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

	By:	/s/ Rochelle Elias
		Rochelle Elias Chief Compliance Officer


	David E. Shaw

	By:	/s/ Rochelle Elias
		Rochelle Elias Attorney-in-Fact for David E. Shaw