Insmed Inc (INSM)

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Tercica's motion in limine.. what they fear:

PLEASE TAKE NOTICE THAT at 1:30 p.m. on November 13, 2006, or as soon thereafter
as the matter may be heard, in Courtroom 2 of the above-entitled Court, Plaintiffs Tercica, Inc. and
Genentech, Inc. will and hereby do move the Court in limine to exclude Defendants from
mentioning the action by the European Patent Office (“EPO”) revoking European Patent No. 0 128
733 B1 (“European Patent”), the European counterpart to U.S. Patent No. 6,331,414 (“the ‘414
Patent”).""



"Even if there were nominal probative value of the EPO action, it is substantially outweighed
by the danger of unfair prejudice, confusion of the issues, and the misleading of the jury. If
allowed, the jury will hear that the EPO revoked the European Patent, and might believe that they
should invalidate the ‘414 Patent. The jury is not sensitive to the irrelevance of the EPO action and
Defendants likely will attempt to further confuse the issue by implying that the EPO action informs
the jury on its decision of whether the ‘414 Patent is enabled. Any mention of the EPO action,
therefore, is inappropriate."