Nektar Therapeutics investors will ask the Ninth Circuit to overturn the dismissal of their would-be class case accusing the company of making false statements about a clinical trial for its flagship cancer drug.
The investors accused Nektar of misleading them about the trial for its NKTR-214 product, meant to produce cancer-fighting cells. The U.S. District Court for the Northern District of California dismissed the suit without leave to amend in December, and the investors filed a notice of appeal Jan. 29.
Judge Haywood S. Gilliam Jr. rejected investors’ falsity, scienter, and loss causation allegations Dec. 30.
The investors’ opening brief…