9th Circ. Puts Lid On Actimmune Marketing Action

Law360, New York (January 3, 2012, 8:49 PM EST) -- The Ninth Circuit on Friday upheld the dismissal of a proposed class action claiming biotechnology company InterMune Inc. fraudulently promoted its drug Actimmune as a remedy for a deadly lung disease it was not approved to treat.

A three-judge panel affirmed a California federal judge's September 2010 ruling that the plaintiffs — a proposed class of patients, as well as insurer Government Employees Health Association Inc. — had failed in their third attempt to bring actionable claims against InterMune, former CEO Dr. Scott Harkonen and Genentech...
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