Insmed Inc (INSM)

[wjlknew]

< The remedy of damages seems to be excluded by this portion of the code...and if so, why was this not used as a defense during the trial?>

plumbobt,

The short answer is, "I don't know". Perhaps it was brought up in arguments outside the presence of the jury, perhaps not. You have to be present in a courtroom to have the benefit of everything said. We only have what has been submitted as formal briefs, etc.

Do DD may have the answer. The jury was instructed to answer questions about infringement, what damages (if any) should apply, etc., in other words to determine the "facts". The judge will now apply the facts (as determined by the jury) to the law and make the final rulings. What we are discussing now is law. The jury doesn't interpret law, so the current argument by defendants council would have been appropriate for the judge , not the jury, at the appropriate time.

Does that make any sense?