Replies to post #4416 on Insmed Inc (INSM)

[plumbobt]

thanks wjlk, I see that I was not clear in my question. Your reply is of course accurate. I'll try again:

In post #1953, the following appears:

"(c) Continuation.—
(1) Determination.— The term of a patent that is in force on or that results from an application filed before the date that is 6 months after the date of the enactment of the Uruguay Round Agreements Act shall be the greater of the 20-year term as provided in subsection (a), or 17 years from grant, subject to any terminal disclaimers.
(2) Remedies.— The remedies of sections 283, 284, and 285 of this title shall not apply to acts which—
(A) were commenced or for which substantial investment was made before the date that is 6 months after the date of the enactment of the Uruguay Round Agreements Act; and
(B) became infringing by reason of paragraph (1). "

Section 283 applies to injuctions, but section 284 applies to damages, which of course were an issue at the trial, and were awarded. The remedy of damages seems to be excluded by this portion of the code...and if so, why was this not used as a defense during the trial?

regards...