JURY RULES IN FAVOR OF TERCICA IN PATENT SUIT
Tercica has announced that a jury in the U.S. District Court for the Northern District of California found that Insmed had infringed on patents Tercica had licensed from Genentech for the manufacture and sale of Increlex.
Increlex contains man-made insulin-like growth factor-1 (rhIGF-1) approved for the long-term treatment of growth failure in children with severe primary insulin-like growth factor deficiency (IGFD).
Iplex, introduced this year, is Insmed's combination of rhIGF-1 and its binding protein (rhIGFBP-3) indicated for the treatment of growth failure in children with severe primary IGFD) or with growth hormone (GH) gene deletion who have developed neutralizing antibodies to GH.
The court has ordered
Insmed to pay Tercica $7.5 million upfront, 15 percent royalties for past sales
of Iplex of up to $100 million and 20 percent royalties for sales greater than
$100 million. If Insmed appeals the verdict, these damages would not be paid until
the appeal is decided on by the Court of Appeals for the Federal Circuit.