Monday, August 16, 2021 2:48:19 PM
Meanwhile we have other dark possibilities in our future. The PTAB might grant the IPR regarding the validity of the patent. That is a potentially upcoming negative event. That will come in the next couple of months. If granted, PM will move for a stay if the judge allows the amendment and does not dismiss the case. PM's device may be enjoined from sale in the US. That is another negative event. Time is not on our side here. The more time that passes, the more negative events that can occur to bring us down. This is patent litigation, not a slip and fall case. It is complex. The most complex kind of lawyering. Right now, we are in a void of news that would have been great for the stock price had the judge denied PM's Motion to Dismiss. But Cozen screwed that up in my opinion. Now we have to hope they get it together with looming PTAB and ITC decisions coming up. Even if the judge allows us to amend, how will the market perceive that if the PTAB has also granted the IPR and if the ITC grants an injunction. In my opinion, we lost a critical window here. And that was mostly Cozen's fault and partly HCMC's fault for not staying on Cozen. Whether or not Cozen gets it together, we lost a critical window of opportunity where there was not bad news and the potential only for good news. Now I fear that the good news we are all hoping for may be spoiled by bad news from the PTAB and the ITC. I cannot tell the future but what a colossal screw up if you think about it that way.
My point is that while the share structure is an issue, the bigger issue is poor lawyering and not moving fast enough. We should not be asking for extensions to fetch evidence we should have had together a year ago. There are good signs lately that Cozen may be changing and waking up. I just hope it hasn't come too late. But if you are going to email Jeff, email him about that. The share structure is a problem but it is a secondary issue.
Recent HCMC News
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