A doctor who sued Walgreens alleging the company’s pharmacists defamed him by telling his patients he was under investigation by the Drug Enforcement Agency has lost his bid to revive the case.

The U.S. Court of Appeals for the Third Circuit denied Dr. Lance Yarus’ request to vacate a jury verdict in favor of Walgreens. Yarus claimed the jury instructions and verdict sheets in the case contained errors, and that the judge was wrong to conclude that some of his claims were time-barred.