Free Speech Protects Unapproved Drug Marketing, 9th Circ. Told

Law360, New York (December 6, 2012, 9:37 PM EST) -- An attorney for a convicted former InterMune Inc. executive told the Ninth Circuit on Thursday that the First Amendment protected his client's promotion of a drug for an unapproved use, an argument similar to one the Second Circuit endorsed earlier this week.

Former InterMune CEO W. Scott Harkonen was sentenced by a California federal judge to six months of home confinement, three years of probation and a $20,000 fine in April 2011. He was accused of wire fraud for the creation and dissemination of false and...
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