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The former CEO of InterMune Inc. asked the U.S. Supreme Court on Monday to consider whether prosecutors could legally target him for wire fraud over a press release for the drug Actimmune in which he published his interpretation of scientific data from a clinical trial, and if such prosecution violates the First Amendment. W. Scott Harkonen’s petition for certiorari challenges the 9th Circuit’s affirmation in March of his wire fraud conviction in September 2009 over his allegedly misleading press release touting InterMune’s drug Actimmune as a treatment for a deadly lung illness.
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