Insmed and Avecia had made motions for summary judgment, attacking the validity of the Tercica/Genentech patent for SomatoKine. The Court ruled in Tercica’s and Genentech’s favor in denying the motions, as well as ordering Insmed and Avecia to pay Tercica’s and Genentech’s legal fees.
Tercica’s suit in the UK alleges that by making, using, and selling the SomatoKine product in the UK for the treatment of growth hormone insensitivity syndrome (GHIS), Avecia and Insmed infringe a European (UK) patent under which Tercica holds an exclusive license from Genentech.
SomatoKine is a complex of insulin-like growth factor-1 (IGF-1) and insulin-like growth factor binding protein-3 (IGFBP-3). Tercica licensed world-wide rights to develop, manufacture and commercialize rhIGF-1 and IGF-1/IGFBP-3 from Genentech.
“Based on these favorable rulings, we are now in a position to expeditiously pursue all our legal remedies to prevent Avecia, Insmed’s contract manufacturer, from infringing on our patent and making products in the UK for Insmed to market and sell in the US and elsewhere,” said Stephen Rosenfield, Tercica’s senior vice president of legal affairs and general counsel.