Press Release Source: Insmed Incorporated
Court Dismisses Baseless Unfair Business Practices Lawsuit That Was Brought Against Insmed
Tuesday June 13, 8:04 am ET
RICHMOND, Va.--(BUSINESS WIRE)--June 13, 2006--Insmed Incorporated (Nasdaq:INSM - News): On June 9, 2006, the United States District Court for the Northern District of California (Judge Saundra Brown Armstrong) granted Insmed's Motion to Dismiss the Complaint filed by Tercica, Inc. in the case Tercica, Inc. vs. Insmed Incorporated. The Complaint, filed and amended in December 2005, alleged violations of the California Business and Professions Code and the federal Lanham Act for allegedly false and misleading statements made by Insmed. In dismissing the Complaint, the Court ruled, among other things, that Tercica had not met its burden of establishing that the alleged statements made by Insmed constitute "false advertising", or that the Court had jurisdiction over Insmed in this case and that the venue was proper. Further, by dismissing Tercica's complaint without leave to amend, the Court recognized that the deficiencies in Tercica's lawsuit cannot be cured by filing another lawsuit against Insmed in the United States District Court for the Northern District of California. Insmed previously notified Tercica that Insmed would seek fees and costs related to Tercica's baseless lawsuit. Given the Court's ruling, Insmed will pursue this option.
"We are pleased that the Court ruled that Tercica's complaint was without merit and upheld Insmed's right to inform the investment community about our product development activities related to IPLEX(TM) without violating the Lanham Act," stated Geoffrey Allan, Insmed's Chief Executive Officer. "In line with Tercica's continuing preference to litigate, Tercica has indicated they have filed a new lawsuit against Insmed in the Virginia courts that is similar to the lawsuit dismissed in California. As with the California case, Insmed will vigorously defend its position and right to inform the investment community about product development activities."