Insmed Inc (INSM)

[elmono]

I got this from one of the docs posted on surg3on site

http://www.xs4all.nl/~surg3on/2006%20november%20INSMvsTRCA%20trial%20motions/897%20memorandum%20in%2...

"
Finally, the Court should deny Defendants’ motion because the 2006 sales information
they seek to add now includes very limited data. Insmed has reported merely four months’ sales
data because it started selling iPlex on May 26, and its latest disclosure ends September 30. In
contrast, the reasonable royalty is mainly based on long-term projections because the hypothetical
license will last until 2018. It is improper to rely heavily on merely four months’ data to
determine the reasonable royalty of such a long-term license.
Defendants argue that Plaintiffs’ damage expert included later events in his testimony.
However, the limited evidence to which he testified, such as the royalty rates included in
Tercica’s recently-announced agreement with Ipsen, simply confirm that the royalty rates Dr.
Hausman said would arise from the hypothetical negotiation (20% to 30%) are in fact reasonable.
This testimony was not offered to suggest in any way that these facts would have affected the
state of mind of the parties in December 2005."

Seems like Tercica/DNA was going for a 20-30% royalty and INSMED not.

Any thoughts?