Avid Bioservices Inc (CDMO)

[Protector]

jbainseky, it was in the report and it is on PACER (has been posted here too).

JB herself admitted that the labels were switch in her testimony but said she had nothing to do with it. So there is no discussion on the subject because PPHM and CSM agree on the label switching. They only disagree on intend and on who did it.

The switching of complete control arms (see JB's and Leyco's depositions) was one thing ...but.... the LATER partial switching of 25% Bavi 1mg/kg and Placebo control arm clearly points to something more because at that point there was made use of the KNOWLEDGE the labels COULD BE SWITCHES hence the possibility of doing so must be pre-meditated because otherwise no one would even try to switch these labels because it is well known you CANNOT switch them if you use the hard glue labels as required by the FDA.

So IMO one must see the hole of the chain of events and how a given step could only be possible because a previous step made it possible and that is pre-meditations which gives away intend. I don't know how PPHM was planning to prove this on the trial when they added Fraud to the complaint but since they did they must have had something by which they thought they could prove it otherwise adding Fraud made no sense and would be lack of proving it make them come across as the losers of the lawsuit.