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InterMune Charged With Overstating Demand for Actimmune

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Case ID: 2512 | Stocks | 07/12/2004

A class action has been filed against biopharmaceutical company InterMune, Inc. (Nasdaq: ITMN) and certain of its officers and directors by stockholders who purchased the company's common stock between January 6 and June 11, 2003. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock.

Specifically, the action alleges that the defendants were aware that demand for Actimmune was declining because: (1) the most recent clinical study showed that Actimmune was not effective in the treatment of certain pulmonary diseases, (2) Actimmune inventory levels were increasing, and (3) doctor demand was falling due, in part, to the company's decision to curtail physician education, the lifeblood of InterMune's off-label sales of Actimmune. Allegedly, despite this knowledge, the company falsely stated during the class period that it was on course to meet projected revenue figures, which had not been previously reduced to reflect lowered demand for the drug.

On June 11, 2003, the company announced that it was cutting its 2003 revenue guidance figures and slashing projected earnings from Actimmune. The company also announced it had overstated the number of patients using Actimmune and that, contrary to its earlier representations, demand for Actimmune from physicians was flat. These disclosures sent the company's stock price plummeting to $16.74, a 33% one-day fall.


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