I just quickly learned what protective order is about. If the marked "confidential" materials are essential to the patent case and DNA/TRCA have no idea what they are about, how can they say INSM infringed their 414 patent.
You're right. This is a fishing trip. In the past two decades, no one has made IGFBP3 successfully but only Insmed/Sommer. If the judge grants the motion, I can say many small bio firms will copy the trade secret especially in China, India and Korea.
DNA has nothing to lose...TRCA pays trip, and DNA can spy the secret of iPlex...if DNA cannot catch any fish, TRCA would buy fish from a fish market...lol...good move for DNA.