Insmed Inc (INSM)

[windyducat]

Segment from the Whole Ruling (posted on IV http://www1.investorvillage.com/smbd.asp?mb=235&mn=817&pt=msg&mid=825243)

the last sentence is a killer....

"""Mr. Kelley's deposition. Plaintiffs should not now be
permitted to perform a lobotomy and slice out portions of Mr. Kelley's state of mind simply
because Plaintiffs, in hindsight, failed to thoroughly explore this issue with Mr. Kelley.
Further, Plaintiffs cannot use the European Patent as a sword, to support their argument
that the disclosure of the European Patent during the prosecution of certain Celtrix patents was
an admission that the '414 patent is enabled,2 but then shield the fact that the European Patent
was revoked. This is especially true when Insmed was aware of the European Patent, that it had
been revoked, and this fact may have impacted Insmed's state of mind with respect to willful
infringement. Plaintiffs simply cannot have it both ways."""