Insmed Inc (INSM)

[smallinvestor]

can anyone answer this question i have? Please correct me if I am wrong, i have read and reread all court documents:

The issue of inequitable conduct regarding patent 151 has not been decided and will be scheduled to be decided on Feb 16, 2007. But the Jury has already deliberated, and set royalty provisions on past sales based on willful infringement of 151 patent without a decision by the judge first whether or not 151 has IC issues. And DNA/TRCA filed motion for injunction based on Jury's findings and the decision on injunction is to be heard also on the same date.

Now answer these questions I don't understand:

Is the judge insane for allowing jury delibration on patent infringement when IC issues regarding one of the willfully infringed patents ie 151 are still outstanding?

If DNA/TRCA's motion for injunction is based on Jury's finding of infringement(let's not argue for the 4 tests now), and Jury's finding of willful infringement is based on the fact that 151 is valid and subsequently awarded big damages of 20% royalty as guideline, and IC could change that. How can the motion for injunction and motion for inequitable conduct be decided on the same day when motion for injunction relies on a decision of motion for IC at a distance?

I have heard that if the judge decides IC for 151, this lawsuit could lead to potential mistrial. However, given what I just said, the judge allowed for Jury deliberation and award damages without first decide on IC. Shouldn't that fact alone qualify as basis for mistrial?

Thanks