TERCICA, GENENTECH, INSMED SETTLE IPLEX LITIGATION

Tercica and Insmed, both based in the U.S., announced they have entered a settlement, license and development agreement with Genentech that resolves all outstanding litigation between the companies, including the patent infringement suits brought by Tercica and Genentech against Insmed in the U.S.

Tercica had licensed its patents on the growth hormone Increlex to Genentech, and Tercica previously claimed Insmed's Iplex infringed on those patents.

Under the agreement, Insmed will no longer promote Iplex for severe primary IGF-1 deficiency and other short-stature indications.

Through licensing and development rights granted by Tercica and Genentech, Insmed will be allowed to manufacture, develop and commercialize Iplex for certain other indications, including severe insulin resistance, myotonic muscular dystrophy and HIV-associated adipose redistribution syndrome, subject to opt-in rights and royalty provisions for Tercica and Genentech.

Tercica and Genentech have waived the damages awarded by the jury in the U.S. patent infringement litigation.

Overall, the agreement "allows Tercica to focus its efforts in the short-stature market and allows Insmed, in cooperation with Tercica and Genentech, to focus its Iplex development efforts in valuable non-short-stature indications," according to Tercica and Insmed's joint statement.