Replies to post #1204 on Insmed Inc (INSM)

[coinstarz]

There are three lawsuits going on between TRCA and INSM. I try to provide timelines for those cases below.

The first case is Patent Litigation Case in UK

December 20, 2004, Tercica and Genentech filed a complaint against Avecia Limited and Insmed, Inc. in the United Kingdom at the High Court of Justice, Chancery Division, Patents Court alleging infringement of EP patent No. 571,417 (the ‘417 patent). The ‘417 patent has claims directed to particular uses of a combination of IGFBP-3 and IGF-1. In the complaint, Tercica, Inc. asked the court for an injunction to restrain allegedly infringing activity, for a declaration that the ‘417 patent is valid and infringed, for an order requiring the delivery or destruction of allegedly infringing articles and materials and for an inquiry into possible economic damages.

May 2005, Insmed filed for summary judgment to dismiss the complaint.

May 20, 2005, UK Court Denies Insmed’s Summary Judgment on Validity of Patent with Swiss Claim.
Trial date has not been scheduled. Looks like this case is dead for a while.


The second case is Patent Litigation Case in USA (THE NORTHERN DISTRICT OF CALIFORNIA)

December 23, 2004, Genentech and Tercica sued Insmed for infringement of two U.S. Patents 5,187,151 and 6,331,414. These patents are directed to certain methods of using IGF-1/IGFBP-3 and methods of producing human IGF-1, respectively.

February 16, 2005, Tercica filed an amended complaint, adding an infringement allegation against Insmed with respect to U.S. Patent No. 5,528,287. The claims of the ‘287 patent are directed to DNA encoding BP53 (i.e. IGFBP-3) and recombinant constructs, transformed host cells and methods for using same. We moved to dismiss the amended complaint for lack of jurisdiction and on other grounds.

April 15, 2005, the court granted Insmed’s motion and dismissed the case with leave for plaintiffs (Tercica) to refile the complaint.

April 22, 2005, Genentech and Tercica filed a Second Amended Complaint against Insmed.

May 27, 2005, Tercica/DNA (plaintiffs) filed a motion for preliminary injunction seeking an order barring Insmed, until trial, from making, using or selling the drug called “SomatoKine,” (now known as IPLEX ™ ) with respect to its allegations of infringement of U.S. Patent Nos. 6,331,414 and 5,187,151, and requesting that Insmed be required to share any orphan drug exclusivity it obtains with Tercica.

June 10, 2005, Insmed filed its opposition to the motion for a Preliminary Injunction.

June 16, 2005, Tercica/DNA (plaintiffs) withdrew their motion for a preliminary injunction. The case is now in discovery.

June 29, 2005, Insmed moved to dismiss the portion of the Second Amended Complaint that relates to U.S. Patent No. 5,528,287. The Court denied Insmed’s motion to dismiss.

July 14, 2005, Insmed filed its Answer and Counterclaims. In the Answer and Counterclaims, Insmed denied infringement and seeks a declaratory judgment that the asserted patents are not infringed, are invalid, and/or are unenforceable.

August 5, 2005, Tercica (Plaintiffs’) filed a reply to the Counterclaims.

October 17, 2005, Tercica and Genentech filed a Third Amended Complaint adding Insmed Therapeutic Proteins (ITP) as a Defendant.

October 27, 2005, Insmed filed the Answer and Counterclaims in response to the Third Amended Complaint.

March 8, 2006, Tercica filed a motion to accelerate the trial date. No response from the court yet as of today.

Discovery is ongoing and the trial date is scheduled for November 6, 2006.


The Third case is Unfair Competition in CA. (THE NORTHERN DISTRICT OF CALIFORNIA)

December 6, 2005, Tercica filed a complaint against Insmed for False Advertising and Unfair Competition, Case No. C-05-5027 SBA, in the U.S. District Court, Northern District of California. The complaint alleges that Insmed made false, misleading and deceptive statements about Increlex and its product. Tercica is seeking monetary and injunctive relief.

December 15, 2005, Tercica filed an amended complaint.

January 13, 2006, (Defendant) Insmed filed a Motion to Dismiss the case.

March 13, 2006, TRCA filed a supplement to their response to the INSM’s Motion.

The motion is scheduled to be heard on April 18, 2006.

If you want to read some court papers regarding these lawsuits, you may go back to my previous posts. Good luck.