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Re: PennyWorld post# 42704

Friday, 10/08/2021 11:54:42 AM

Friday, October 08, 2021 11:54:42 AM

Post# of 44690
Respectfully disagree. If served with a Complaint NRXP has 20 or 30 days to file an Answer depending on the method served. PR is not indicated at this time since we can expect the standard “…categorically deny the validity of the entire baseless complaint and will zealously defend…” Then NRXP will follow with the usual counter/ cross complaints and the start of the pretrial games. We are looking at a year or two of depositions before we even get to discovery. (Maybe even longer given the reality of how backed up the courts are at this time)
I find the entire situation confusing as to the timing and requested remedies since to date damages are speculative and we may have an EUA answer even before NRXP files their answer. If EUA is approved then we can expect additional approvals by all other regulatory bodies of the world and many of the claims will be dismissed (unless RLFTF wants to prove how they are damaged by NRXP’s contracts with distributors and manufactures without which EUA approval is impossible), yet if EUA is denied then NRXP will be nothing more than a fledgling biotech with no revenue (ie Judgement Proof).
It is in RLFTF’s best interest to resolve the issue quickly if one of the remedies they seek is specific performance yet by requesting a jury trial RLFTF just added months to the pretrial process. In light of RLFTF’s interest in a speedy resolution, I would have liked to see RLFTF have a cleaner complaint with only their strongest arguments instead of using the “throw everything at the wall and see what sticks” method because RLFTF themselves now have to argue each point which translates to time (stuff about China? Really? Legal relevance? No legal remedy for hurt feelings)
I am invested in both RLFTF and NRXP. I am not favoring either side at this time since we have only the allegations from one side and need to response/ allegations from the other side and then we need also to see the evidence produced through depositions and discovery.
Another point of interest (even ironic humor) is that RLFTF is seeking attorney fees and courts costs which in itself is a violation of agreement for the two entities to share legal fees and costs equally.
On the surface this entire situation seems like a big pile of stupidity all around and completely avoidable. My opinion only