Replies to post #178512 on Cytodyn Inc (CYDY)

[mjbaker84]

Yep, it was them. Patterson And Beatty have proof.

Burn baby burn

Our Notice Letter and our director nominations are valid in all respects and must be recognized by the Company. The Company’s attempt to invalidate the Notice Letter is a clear breach of the Board’s fiduciary duties, attempting to entrench itself by seeking to disenfranchise stockholders’ by depriving them of the right to vote for an alternative slate of directors. The Board’s actions further amount to an excessive misuse of resources at a time when the Company has very little, as evidenced by the nature and length of the comments contained in the Letter the vast majority of which misstate requirements, misstate facts or are just incorrect. Full, complete and good faith disclosure was made in the Notice Letter, and it must be honored. If we do not have confirmation that the Company intends to honor our slate of Nominees by August 18, 2021, we will need to pursue legal action.
We also note that the Company filed the Letter as an exhibit to a Current Report on Form 8-K on August 2, 2021 and that the letter contains certain materially false and misleading statements in violation of Rule 14a-9 of the Securities Exchange Act of 1934, as amended.

[stockorus]

The Company is making the case of greed and conflicts of interest among 13D members including Dr. BP.

Dr. BP had mentioned of the Company's request in a tweet many days ago, so we knew how that part of the response was going to come. Does not change the facts of the request like 350 million, and more questionably the assertion of 123 million (as I recall?) personal profit etc. Perhaps it was Dr. BP's way of formally rejecting the request by quoting what the Company may think is beyond reasonable. Perhaps he was being way too greedy. Perhaps he really thought $350 million is the right evaluation for IncellDX. But that was the price he gave out. 13D wants to push it under the rug as if irrelevant to judgment call on which people has the shareholder's interest in front of theirs. The Company thinks it is significant when judging Dr. BP and his future priorities with regard to Cytodyn and IncellDX, especially if they get in and have a greater say on whether Cytodyn chooses to buy IncellDX.

Shareholders can decide how to interpret the fact that 13D is not making a big deal, being or trying to be legally technical, over the need to divulge such points, whereas the Company is making a big deal over them.

With regard to patents, that seems even more of a push under the rug in 13D's response to that charge. I doubt people are going to switch sides based on such an anemic

Dr. Patterson has not attempted to patent certain uses of the Company’s drug candidate, Leronlimab, as his own. Any patent applications submitted in connection with certain uses of CCR5 antagonists in COVID-19 have been submitted by IncellDx, not Dr. Patterson. Regardless, those patents are currently pending and have not been rejected and do not directly conflict with patents held solely by the Company.

response to such a serious charge. But who knows? They can both sides flesh out the details if it goes that far. Management is fine, did a good job of highlighting what a good % of shareholders will think are relevant. 13D will do better providing more details than less on such points.