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Re: tjscrazy post# 4700

Monday, 03/05/2007 10:15:28 AM

Monday, March 05, 2007 10:15:28 AM

Post# of 6489
Let's put this one to rest also.

Celtrix approached DNA about licensing for the BP3 portion of the complex, patent '287. DNA said "no". Celtrix went to the lab and competely redesigned the BP3 gene taking advantage of the redundancy in the genetic code. The resulting gene had less than 50% homology to the parent gene and therefore would not infringe on the DNA patent claims. The jury simply did not understand the science.

According to the court documents, Insmed never believed that the mfting method of IGF violated the DNA patents -- in fact, Insmed believed that DNA '414 patent was not valid for many reasons, one being that European patent authorities threw it our for obviousness and prior art.
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