I might have this wrong but my understanding is that the extension is a legal maneuver by VYST. The ruling we are looking for tomorrow is for the Judge to say that EMA has no case. The extension is for VYST to file a counter claim against EMA without having to close one case and reopen another. I think doing it the former way, EMA has less room for discovery and inhibits them to file/change their standing on the the merits of their complaint. That was my understanding.
I understand this to be a multifaceted case. EMAs pursuit of injunctive relief will be decided tomorrow. VYSTs counterclaim portion of the case was extended to April 13.
Hey everyone! I just spoke to Greg Rotman and he took the time to quickly explain the 2 parts to the EMA/VYST lawsuit underway ok!
What VYST is attending court for this Friday is Step 1, which is EMA foolishly demanding the court order VYST to pay EMA injuctive relief! And clearly with the 25 pages of facts/evidence VYST has already provided the court/judge with, VYST's legal position is that they're going to ask the judge to completely dismiss EMA's injunctive relief claim ok!
Step 2 is where the VYST 30 day extension comes in. Greg just explained to me that the entire 2nd part of the case is going to be dealing with VYST's entire countersuit against EMA, which will include probable additional defendants ok!
So todays VYST pacer 30 day extension request simply refers to the 2nd relevant part of the EMA/VYST case...wherein VYST has already done an excellent initial step of providing the court with 25 pages of facts/evidence to build VYST's countersuit against EMA around...and because Greg just told me that VYST will probably be adding a couple more defendants the VYST legal team wants a 30 day extension to properly build and go after all the defendants in the 2nd part of the case.
And this Friday VYST is going to be asking the judge to dismiss EMA's injunctive release 1st part of the case k cheers!
What is most telling is how the judge approved VYST's counterclaim extension in less than a day (judges can take forever, but not this one). I would buy now people, tomorrow might be too late....