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Friday, November 03, 2006 5:27:34 PM
all that will be after most phaseII results will be known
due to the nature of iplex and its safety record those are highly likely to have a very positive effect and thus positive phaseII results
A european partner might even bring a wad of cash and postpone any need for further dilution in the spring/summer of 2007.
as for the trial, indeed a royalty judgement might be issued, this would still be positive for insmed
its all about who gets the market
a 5-10% cost increase (worst case) is not perfect, but not problematic at all.
the uncertainty will make new private and insitutional investors move forward from the sidelines, revenue potential is still very big considering the small market cap size of the company
the MMD market for instance is very big and the market will anticipate once those results are confirmed (which they very likley will be)
as for the trial, the judge made some fundamental errors in summary judgement and any verdict will unless 100% favourable will be appealed by insmed
http://www.xs4all.nl/~surg3on/20061031-TRCAvsINSM-motiontosealshow_case_doc%208.pdf
in there are all the ground for an appeal
if the judge will not reconsider her earlier judgements, her decision is very likley to be overturned by the patent appeal court, which is a three member judge panel btw.. no juries to play with there, just cold facts... and genetech definately messed up when applying/writing the patent
so those are my analysis ,
good luck and dont let the manipulators get to you
I intend to add to my position the coming month
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