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High Court Won’t Review Harkonen Appeal, Provigil Patent Litigation

Dec. 17, 2013, 5:00 AM

The U.S. Supreme Court decided not to hear a case involving a former pharmaceutical executive’s challenge to his conviction for wire fraud for promoting off-label uses of the drug Actimmune (Interferon gamma-1b) (Harkonen v. United States).

The high court Dec. 16 declined to review a March ruling from the U.S. Court of Appeals for the Ninth Circuit upholding W. Scott Harkonen’s conviction for his role in creating and disseminating a press release publicizing the use of Actimmune to treat idiopathic pulmonary fibrosis or IPF, a fatal lung disease the drug wasn’t approved to treat.

In August, Harkonen, the...

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