Tercica announced today the filing of a suit for patent infringement in the High Court of Justice (Chancery Division Patents Court) in the United Kingdom against Insmed Incorporated of Glen Allen, Virginia and Avecia Limited of the United Kingdom. In the suit, Tercica is seeking an injunction, damages and declaratory relief.
The suit alleges that by making, using, and selling the SomatoKine(R) product for the treatment of Growth Hormone Insensitivity Syndrome (GHIS) in the United Kingdom, the companies infringe a European (UK) patent under which Tercica holds an exclusive license. SomatoKine(R) is a complex of insulin-like growth factor-1 (IGF-1) and insulin-like growth factor binding protein-3 (IGFBP-3).
"Tercica's patent portfolio consists of a broad range of patents covering both IGF-1 as well as the combination of IGF-1 and IGFBP-3," said Stephen N. Rosenfield, Tercica's Senior Vice President of Legal Affairs and General Counsel. "This case relates to the infringement of one of our patents for combining IGF-1 and IGFBP-3 for the treatment of short stature, and on October 18, 2004, we sent our first letter demanding that the infringing activities be stopped in the United Kingdom."
On December 17, 2004, Tercica sent a letter to Insmed demanding that Insmed immediately cease and desist from any activity in the United States that constitutes an infringement of Tercica's patent rights under three issued U.S. patents.