Insmed Inc (INSM)

[buy4long]

Iplex truly unavailable for Short Stature???

I understand that the agreement between the parties requires INSM to withdraw from the SS market, and attempt to redirect all current/future patients in TRCA/Increlex.

However, if there is an insistence from the medical community that Iplex be made available for this indication, then we move into very interesting territory. Some far smarter posters here than I have noted a potential restriction of trade issue.

If Insmed is prohibited from marketing an approved drug due to a restraint imposed by DNA/TRCA, I believe there is the potential that some court may eventually rule this settlement agreement an illegal restraint of trade. An injunction decided by a judge would have a much more likely ability to be upheld. However, since companies came up with this agreement on their own, it may not pass the smell test if challenged.

If this scenario plays out, so much the better for INSM and Iplex.