crackedtooth schreef:
[quote=bal gehak]
Markman Hearing from CE unterberg
– More Questions, No Answers Yet
· Insmed and Tercica met in court on Friday for the Markman Hearing surrounding their on-going patent litigation. In short, we believe the event was a net neutral for Insmed.
· Judge Claudia Wilkins made it clear to both parties that more work needs to be done on her part before making any assessments regarding the case.
· Judge Wilkins imposed a personal deadline on herself to have the written Markman opinion out by September 27, 2006. However, we note that this is a self-imposed deadline and she is not bound to adhere to it.
· Tercica and Insmed were ordered to meet in another settlement conference to see if they can reach an agreement to avoid trial. We note however that both parties met in January for a settlement conference without results. Given that very little has changed since that time, we have no reason to expect a different outcome. No date has been set for the settlement conference.
· The 3 patents:
“151” patent – Recall this patent covers the use of IGFBP-3 with IGF-1. Judge Wilkins did wonder out loud to Tercica as to why they did not take advantage of the “151” patent if they claim in it that the combination of IGFBP-3 with IGF-1 is better than free IGF-1.
“414” patent – Recall this patent covers the manufacturing of IGF-1. We note that Judge Wilkins is most familiar with this particular patent given that she was involved in the Chiron vs. Genentech case regarding the same patent. However, the judge stopped short of indicating a definitive bias towards either party.
“287” patent – Recall this patent protects the construct of BP-3. The judge indicated that she needs more time to review documents on this patent before making any comments.
· Additionally, Judge Wilkins has indicated she will put out a written ruling on the Unfair Business Practices complaint put forth by Tercica at her discretion. There is no longer a date by which we should expect the ruling. We believe at worst, if the ruling goes against Insmed, it will have to issue a public apology to Tercica.
· We believe Insmed is still on track with its launch of IPLEX. We anticipate the announcement of the first shipment in the near term. We continue to believe in IPLEX’s potential in expanded indications given its ability to be used in insulin resistant patients with its favorable safety profile. We reiterate our BUY rating with a $3 price target.
Andrew Fein
Senior Biotechnology Analyst
C.E. Unterberg, Towbin
350 Madison Avenue
New York, NY 10017
Tel: (212) 389-8045
Fax: (212) 389-8828
Email:
afein@unterberg.comAOL IM: AndrewCEUT
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meestal redelijke conservatieve inschattingen voor zover ik unterberg ken
jouw mening daar?