Insmed Inc (INSM)

[read_this_n0w]

heheh Did tercica testify that increlex in UNSAFE?

heheh..seems so

"Indeed, it is the lack of test data that renders Dr. Grumbach’s opinion inadequate to create a
prima facie case for infringement. Specifically, Dr. Grumbach testified that the most severe primary
Insulin-Like Growth Factor Deficient (“IGFD”) patients would run an unacceptable risk of serious
complications given free IGF-I in an amount equal to that delivered by IPLEX™. (Rough Tr. at 107-"108) Conspicuously absent from his conclusory testimony is any supporting data. (Rough Tr. at 116-
118) This is because Dr. Grumbach contends the necessary tests are impossible to perform. Even if
this were the case, the consequences of the inability to test for infringement should fall on the shoulders
of Plaintiffs and not Defendants. See Exxon Chem. Patents v. Lubrizol Corp., 64 F.3d 1553, 1563 (Fed.
Cir. 1995) (concurring opinion) (while a showing of infringement “may be impossible to accomplish” a
court is “not free to read the claims as they might have been drafted”).


.............

Grumbach’s opinion boils down to nothing more than the argument that, if free IGF-I in an
equivalently high dosage cannot be safely administered, then de facto, the IPLEX™ growth treatment
will achieve a greater anabolic state. This conclusion, drawn from a theoretical comparison, is
unsupported by any evidence and is entirely speculative.