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Replies to post #6244 on Cel Sci Corporation (CVM)
Foxwoods Man
08/18/14 2:20 PM
#6245 RE: drkazmd65 #6244
This arbitration case is most likely to avoid all the dramatic twists and turns inherent in patent litigation and could be settled much more quickly. Currently trading at discounted rates following a recent dilutive financing. We see a firm with a market cap of around $40 million and with cash levels near $17 million. A settlement here could boost CEL-SCI's share values significantly if it were to successfully prove and be awarded even half of the $50 million+ being sought by the company.
The fact that Kersten took over six months to finally initiate the $50 Million+ arbitration claim is telling as well. Either the original CRO did the study the way they said they would or they didn't. Given the allegations of breach of contract, fraud in the inducement, and common law fraud there likely exists some clear evidence gathered with a great deal of preparation by "lawyer Kersten" and his team. Unlike the Vringo case which caused so much excitement among speculators, this is also an arbitration case which is binding and means the participants must follow the arbitrator's decision and courts will enforce it.
In short, we are likely to see a very quick decision and settlement here. Arbitration is usually faster, simpler, more efficient, and more flexible for scheduling than litigation, plus it is unlikely that the defendant, one of the largest clinical research organizations in medicine, will want competing CROs to bring up ugly details about the CEL-SCI case each time they are bidding for new contracts.