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Insmed

Court dismisses unfair business practices lawsuit brought against Insmed

Published in Lab Law Weekly, July 14th, 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 (INSM).

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...

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