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Hopefully you emphasized that todays decision was, at its core, form over substance, and ultimately a true injustice.
marjac carry on
Marjac, I assume that without a rule 60 victory we have no cause of action against either management or Singer for misfeasance. Not that it would do us any good as shareholders.
I do hope Preston Mason can prove the gross inferiority of gv so perhaps marjac can sue them for consumer fraud. They stole our patents and deserve some comeupance.
We were victims of a very bad circuit court ruling and we took matters into our own hands to right the wrong. It was a herculean effort with a potentially big pay off, but heavily stacked against us. I can't say we failed because we did the very best we could do given the odds. Thank you Marjac, you gave us hope and the best possible effort. Now all that is left is to wait and see what magic Denner can work. Marjac, my greatest thanks to you for a job well done.
If the CAFC is going to grant standing, do they have to write a lengthy opinion, or just a summary judgement? I assume if they were going to remand or in fact overturn or vacate Du this would require a longer written decision justifying reasons for the decision. The first could be any day, the latter some weeks away. Also, when do they meet to vote on decision?
The problem with remand is Du. Hopefully the panel realizes she is incompetent and not to be trusted.
actually, I'm hoping this is the final level. The briefs are clear enough and sufficient enough, I think, for the court, hopefully with Judge Newman's prodding, to settle the issue here and now. What defense can Hikma raise to the issue of fraud, incompetence?
In re institutions and passivity, why Denner matters:
https://realinvestmentadvice.com/passive-negligence/
And we take the issue to the next level which is?
A question well answered, beside making me feel better.
Agreed. Someone somehow needs to contact and coordinate our interests with Denner. Love to see Denner brought into EPADI to at least help finance the next leg of the law suit.
Can someone repost the link to the audio of friday? I seem to have lost mine.
I have been wondering about and missing Hindu Kush's posts. always enlightening. I assume you are still in contact with him and I hope he is in a position to profit from our success which he has been instrumental in securing.
EPADI needs to stop thinking about an adverse ruling and think about what follows a victorious judgement. We not only have a superlative counselor, but an ally with a collateral interest. We are very fortunate that marjac happened to be a shareholder on 03/29/2019 and suffered the Du indignity along with us. Once we regain the patents (we will) we must put ourselves in a position to assure that the shareholders, and not an inept and self dealing management and board of directors, are the true beneficiaries going forward. While marjac needs to focus on the remand we need to be prepared and in agreement with the immediate next steps.
Did you check GoodRx? Don’t know if it will help but worth a look
Most institutions are passive investors that vote with their feet when something is amiss. Few even vote their proxies against management, a relatively easy way to take action.
I am glad you are not my lawyer
North40000, please chime in. If we are granted standing, does this remain an EPADI suit, or does it revert back to Amarin and its incompetent management who refused to bring the action in the first place. God, I hope not.
And if we are granted standing, we should think about winning. If the patents are restored, Amarin's U.S. salels will almost immediately rise to 100,000 scripts per week. But as importantly, the company should be able to extract $1 bil. or more in damages from the defendants. How they use that will be important. I suggest EPADI has a large stake in that and should dictate that !00% of that be used for an open market share buyback. I, for one do not trust this management or BOD. Period.
Can Amarin take over this case? It is a shareholder suit and if the shareholders are given standing I don't think Amarin can butt in nor would I like to see it given their past effort. They could finance it though. but shut the blank up.
is it dick or dike?
congratulations
Are we up?
On deck?
Or did I miss it while eating breakfast?
I'm hoping for hostility towards the Hikma counsel.
Will marjac be the first to present?
The tone and substance of the questions will tell the outcome.
This is not an appeal of Singer's case. Entirely new--fraud. These judges may all be offended by misuse of the courts
marjac,to me,the rule 24/60 has been/is like gymnastics in the Olympics. So far you've done everything necessary to win the gold medal, but now we await the judges decision. The decision could be rendered solely on the briefs, which you have clearly won. However, they want/need one last performance. If you stick the landing, you've won hands down. But if they are biased against us we will only be able to protest.
As an aside, to your knowledge, can any of the potential jurists, having seen the briefs, request to be on the 3 judge panel due to a strong interest/opinion on the issues at hand?
guess the 3/31/22 stock price assuming:
1) a marjac victory known as of 2/13/22,
2) weekly scripts at a 110,000 run rate,
3) first quarter 2022 sales est. +33% yr/yr,
4) 1st qtr EPS forecast of $0.10 (?),
5) estimated damages of +$1 bil. from Hikma et al.
6) what am I missing?
you may call me Mr. Pangloss.
They were too busy trying to compute the shares and options they needed to grant themselves.
Someone needs to extract a contractual promise from this crooked management that they will use all proceeds of damages extracted from Hikma et al will be used for a share buy back. Anything else will likely benefit this self serving management and not us beleaguered shareholders.
It's obvious, if Capt, who keeps illuminating record and graphs of weekly scripts, hasn't won, the outcome of this contest is random. That said my guess is 80001. (New scripts are the number to watch to see if Amarin's new marketing strategy is working.)
Great opening remarks if the judges will give you the chance.
Thanks for responding to monk.
My response would carry little weight and definitely would not have had your clarity.
Personally I hope you become the designated spectator in Fridays proceeding.
Slight difference in elevations though.
JMHO, but a marjac victory Friday will lay the ground work for 1) a significant price rally and 2) a BO offer in the next few months. First PFE, then others not wanting to lose this wonder drug.
Robin,
Saw your husbands letterhead very cool. Well done.