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Big On Tarvy

10/06/06 12:21 PM

#9084 RE: jakedogman1 #9078

I wouldn’t waste a conversation on something so clear.

Lots of people don’t seem to understand the difference between a forward looking statement that carries no legal liability (e.g. something like: “We anticipate progress in a number of areas including generation of compelling repeat-dose and combo-therapy data”) and a present tense statement of fact for which management will be liable if it can’t point to clear clinical data to support its statement (e.g. “As Bavi advances in AV and AC clinical studies, we are increasingly enthusiastic about the clinical potential of its unique mechanism.”)

Regarding the APTT issue, CJ’s post 9081 hit it on the head. In the last CC, SK made several clear present tense statements of fact on which you can sue if it turns out there is a safety problem related to APTT:

“We are very happy with the safety results we’ve seen so far. ... Showing the safety of the drug WAS a critical milestone.”

Those who are still nervous about APTT as a safety issue need to take a level one intro course in biotech litigation.