In Re Actimmune Marketing Litigation

MEMORANDUM & ORDER

In this proposed nationwide class action, plaintiffs contend that defendants Inter Mune, Inc. (“InterMune”), W. Scott Harkonen (“Harkonen”) and Genentech, Inc. (“Genentech”) engaged in a fraudulent and deceptive scheme to market and sell the drug Actimmune® (interferon gamma-lb) Plaintiffs allege numerous causes of action pursuant to the Racketeer Influenced and Corrupt Organizations Act (“RICO”) 18 U.S.C., sections 1962 (c)-(d); the California Business and Professions Code, sections 17200 et seq.; the California Civil Code, sections 1770 et seq.; various state consumer protection acts; and unjust enrichment. Now before the court are three separate motions, by Genentech, InterMune, and Harkonen, to dismiss the actions pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Having considered the parties arguments and submissions and for the reasons stated below, the court enters this memorandum a d order.

BACKGROUND

I. Procedural Issues

According to Plaintiffs’ complaints, the allegations of which must be accepted as true for the purposes of a motion to dismiss, see Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957), this…