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Insmed Incorporated Message Board

  • wounded_elbow wounded_elbow Jan 8, 2009 8:52 PM Flag

    The truth about the settlement. It killed INSM.

    Due to PUMPers twisting the facts about the settlement, which INSM had no choice but to accept or go under due to the Jury verdict of Willful Patent INfringement, which could have easily tacked on penalties and trevel damages, I am inclined to set the facts straight.

    First:

    Iplex is taken off the market--- every where.

    Second, INSM does the test and studies and clinical trials and so fourth, spending their own money and time and take on all the chances--- and if they find something interesting and (THIS IS THE IMPORTANT PART) prove that it is promising and interesting by the panel made up of DNA, TRCA and INSM--- after phase II, which has to be sufficient to start the phase III, TRCA can exercise their Opt in clause and pay PART of the development cost up to that point and take LARGE chunk of the future profit, if any of the Iplex.

    In another words, INSM must do all that work and gamble and spend all that time and if, that is a BIG IF, they find something--- they have to share it with some other guys.

    Remember, Opt in clause is done one way--- TRCA nor DNA is not putting up a penny to see if it comes up roses.

    That is what INSM had to accept in order that TRCA/DNA won't pursue putting Jury's verdict of Willful Patent Infringement in effect--- which could easily have put INSM on the penny stock status or could have put them out of business like they've told the court in their summary.

    Now I ask you--- who would partner with INSM knowing that the stuff has to be shared with some other guys if and again a BIG IF, they do find something interesting.

    Why would anyone want to spend their money, time, and gamble on anything later to share the wealth if there going to be wealth made from the gamble.

    It's like I tell Zippy to buy a lottery ticket for $1. And if he wins--- I give him 50 cents and take half the winning.

    If the lottery ticket happens to be a losing ticket--- 99.9 percent of the time it is, I don't lose a penny. Zippy loses the entire $1.

    Do you think Zippy will go for that?

    (giggle)

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