It might work here because there is no big upside catalyst other than a wildcard Markman result that by itself will catapult the stock. There is no proof of non-approval for teva coming. If there were, that changes dynamic. If mkt starts to accept MNTA will have market to self, all shorts have to do is spread word to blogger journalists that tea approval is imminent. Depressed stock price keeps thugs depressed until too much time goes by and balance sheet is much approved. Wildcards to this are reworked partnership (never say never but unlikely), new partnerships, new filings that become known on new drugs, and Markman.