On December 3, 2012, the United States Court of Appeals for the Second Circuit overturned the criminal conviction of Alfred Caronia. The court ruled that the government could not prosecute pharmaceutical representatives such as Mr. Caronia for speech promoting the lawful, off-label use of an FDA-approved drug.
The government had the right to ask the judges who issued this ruling to change it. In addition, the government could have asked the entire Second Circuit (not just the judges who issued the ruling) to reverse the panel’s decision. However, the deadline for the government to seek such review passed this week without the government seeking that review.
The government has one further opportunity to overturn this ruling. It can seek Supreme Court review of the Second Circuit’s decision. If the government wants to have the Supreme Court review the decision, the government must either seek that review by March 4th or ask for an extension of time to seek that review.