A suit aiming to hold a drug maker, its marketer and a former CEO accountable for what consumers said was illegal marketing has failed even after prosecutors earlier won a criminal conviction in the matter.

Judge Marilyn Hall Patel of the U.S. District Court for the Northern District of California dismissed with prejudice the class action claim brought on behalf of consumers and their insurers against defendants including InterMune and its former CEO, Scott Harkonen, who awaits sentencing in a related criminal case.

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