A Sidley Austin team led by Carter Phillips and Mark Haddad struck out on Monday in a bid to have the U.S. Supreme Court review the wire fraud conviction of former InterMune Inc. CEO Scott Harkonen.
A federal jury in San Francisco found Harkonen guilty of one count of wire fraud in September 2009, concluding that he promoted the drug Actimmune to treat idiopathic pulmonary fibrosis (IPF) in a 2002 press release. InterMune had received approval from the U.S. Food and Drug Administration to promote Actimmune to treat other conditions, but not IPF, a fatal lung disease. Intermune agreed in 2006 to pay the government $37 million to settle claims that it promoted the drug for off-label uses. (Both InterMune and Harkonen have had better luck fighting off class action lawsuits in follow-on private civil litigation.)
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