In Re Gilead Sciences Securities Litigation
Court of Appeals for the Ninth Circuit
1Opinion of the Court
MICHAEL DALY HAWKINS, Circuit Judge:
A group of individual investors brought this securities fraud action on behalf of themselves and a proposed class comprising all individuals (collectively, the “Investors”) who purchased Gilead Sciences, Inc.’s (“Gilead”) publicly traded securities between July 14, 2003, and October 28, 2003 (“class period”). They allege that Gilead misled the investing public by representing that demand for its most popular product was strong without disclosing that unlawful marketing was the cause of that strength.
The district court dismissed under Rule 12(b)(6) of Civil…
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