Replies to post #2073 on Insmed Inc (INSM)

[ToysInTheAttic]

Re: trca files lawsuit against insmed.eo
by: sheepherder1976
Long-Term Sentiment: Strong Buy 06/12/06 02:58 pm
Msg: 105395 of 105395

Tercica, Inc. today filed a complaint in the U.S. District Court for the Eastern District of Virginia, Richmond division alleging Insmed Incorporated violated the Lanham Act and related statutes relating to false advertising and unfair competition. This action was taken after the presiding Judge for the U.S. District Court for the Northern District of California, the Honorable Saundra Brown Armstrong, dismissed on June 9, 2006 Tercica’s complaint for the same violations on the basis that she could not exercise jurisdiction over Insmed, which is based in Virginia. Her ruling also indicated that the complaint should establish that the requisite false statements were disseminated to consumers of Increlex™, e.g., the physicians who purchase and prescribe Increlex, rather than solely to investors. Tercica’s re-filing adds new allegations of false and misleading advertising that Insmed disseminated specifically to pediatric endocrinologists, who for purposes of the Lanham Act and related statutes are among the relevant community of consumers affected


HOW F'n desperate is that? 1st impression, trca just put a huge hole in their sail for the already outstanding legal battle.