geo, that all depends.
They know that if ONE of them gets his hands on PPHM the others will NOT be able to stop it any more. The consequences will be devastating for the others.
They know it can be stopped if they ALL collaborate BUT they are competitors. And there are to much other capital sources at the moment, such as biopharm's Calico :) but also more international capital groups, that could still support PPHM in such ways that they will make it. And historically we've always seeing the BP commit fraud and sabotage on their own, never in group. Their PAX-Pharmaca only goes that far.
I think the major attempts to stop PPHM have been made. It had to be done SOON after the superb breast cancer clinical trials because a second such success would be a break-through (which it was with Lung).
The 1st ln NSCLC ABNORMAL CONTROL ARM results, 2nd ln NSCLC DOSE SWITCHING and Pancreatic EXTREMELY UNFAVOURABLE RANDOMIZING, IMO, are surface indications of what has been going on. With those 3 events which should have resulted in 3 consecutive failures PPHM, in the financial state that it was at the time, should have been grounded ready for the picking.
Add to that the lid on the PPS which is easy to maintain in this climate where the markets want re-affirmation of Bavi after all the above incidents, and under NORMAL circumstances you have a small cap biotechnology company with great potential for breadcrumb prices.
But the 2nd ln NSCLC dose switching was discovered and Bavituximab performed so good that even the sabotage that was not favourable to it couldn't stop it.
The 1st ln NSCLC (where I suspect a 50/50 mix of placebo and Bavi over BOTH arms), still resulted in Bavituximab on only 50% of its dosage to outperform the historical SOC big time (and all people that understand clinical trials KNOW that it is ABNORMAL that the control arm performs almost equally good as the Bavi arm and therefore also outperformed the historical control arms big time).
When PPHM disclosed the Pancreatic ECOG's and we could see the randomizing, almost cherry picked for failure of the Bavi arm, and PPHM still said "promising sub group" (of course - that sub group are probably the healthy patients in the Bavi arm and it are they that made us weight so long for the results) but for the moment we don't continue this trial, then for the 3rd time it became clear to those watching attentively that something was going on.
Add to that the LINGERING of the CA (any person that can read the plaintiffs filings and the Judges 3 consecutive verdicts in favour of PPHM and any person that can read and understand what Masten and Shan have declared in there filed testimony in the PPHM vs CSM (our CRO form Fargo, ND) law suit sees from a mile away that this CA appeal will go no where and is purely for OTHER strategic reasons kept alive. Either the plaintiff is SQUARE stupid that he doesn't see that, or his lawyers are playing him into bills knowing he'll get no where, or the only left options is that there is another incentive.
And that PPHM isn't going to pay them, just to get it over with, is certainly a few months away from the completion of the first rounds of filings in the appeal, probably not going to happen. Because I think that if they do the Delaware courts will, under the newly adjusted bylaws, immediately have some work.
The CA is filed MAINLY against the 4 individuals AND the company is only indirectly responsible through a personal error of the individuals. So having the company pay in place of the individuals would be using our money for PERSONAL mistakes of BoD/management members (because WHY would they pay if they didn't do anything wrong, they have ALL THE TIME to sit this procedure out). But also ALL this could be part off attempts to destabilize, scare the shareholders or Wall St, scare Garnick away, cripple SK who just comes out a divorce too, etc.
If Dr. P. Thorpe would see all that happens to his legacy he'll turn in his grave.
The big advantage is that PPHM now went for a PIII fully aware of the problem and entered a mode of no or as little as need communication.
So you'll see attempts to make them communicate or create pressure via share holders saying they don't PR, keep us in the dark, BoD/Mangament this..., BoD/Management that..., They could at least this..., why don't they that..., let go to the Annual Meeting and perform some Gorilla-grade chest tapping, etc, etc, etc.
And by the way, with currently candidates at the table since a while I think BPs know they have to go for the contingency plan.
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