This is a follow-up to our post late last year on the Second Circuit decision in US v. Caronia, which overturned a defendant’s off-label marketing conviction on First Amendment grounds (see our December 10, 2012 post, “Second Circuit Overturns Off-Label Marketing Conviction On First Amendment Grounds”). In United States v. Harkonen, the Ninth Circuit rejected the defendant’s First Amendment argument, and affirmed wire fraud convictions.
Here is a little background on the case. W. Scott Harkonen was the CEO of InterMune. InterMune manufactured a drug, Actimmune, which was approve for treatment of chronic granulomatous disease (CGD) and severe, malignant osteopetrosis...
