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KUYAT v. BIOMIMETIC THERAPEUTICS, INC.

No. 13-5602.

747 F.3d 435 (2014)

Paula KUYAT, et al., Plaintiff, Charles M. Sarafin, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. BIOMIMETIC THERAPEUTICS, INC., Samuel E. Lynch, and Lawrence E. Bullock, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 28, 2014.

Attorney(s) appearing for the Case

ARGUED: Patrick V. Dahlstrom , Pomerantz, Grossman Hufford Dahlstrom & Ross LLP, Chicago, Illinois, for Appellant. Randall W. Bodner , Ropes & Gray LLP, Boston, MA, for Appellees. ON BRIEF: Patrick V. Dahlstrom , Pomerantz, Grossman Hufford Dahlstrom & Ross LLP, Chicago, IL, Murielle J. Steven Walsh , Pomerantz Grossman Hufford Dahlstrom & Gross LLP, New York, NY, for Appellant. Randall W. Bodner , Christopher G. Green , Andrew J. O'Connor , Ropes & Gray LLP, Boston, MA, Nicholas M. Berg , Ropes & Gray LLP, Chicago, IL, Douglas H. Hallward-Driemeier , Ropes & Gray LLP, Washington, D.C., Glenn B. Rose , Harwell Howard Hyne Gabbert & Manner, Nashville, TN, for Appellees.

Before: BOGGS, ROGERS, Circuit Judges; STEEH, District Judge.

OPINION

ROGERS, Circuit Judge.

In this securities fraud action, the plaintiffs contend that BioMimetic Therapeutics, Inc. misled investors about Augment Bone Graft's prospects for Federal Drug Administration (FDA) approval. According to the plaintiffs, the FDA privately communicated to BioMimetic that the FDA expected the device's clinical trials to prove that Augment was effective based on an analysis of all of...

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