InvestorsHub Logo
icon url

Chuckles759

02/05/22 3:48 PM

#230 RE: GemBerri #229

Wow. The US Government really does despise poor Martin. No blogging or other influence about/to pharma companies.

So, I don't expect guest editorials from Martin on the new https://www.rovidatx.com website....which, by the way, got a makeover with it's "Coming Soon" banner.

NOTE: Be on the lookout for a Rovida Therapeutics Twitter presence, the "Coming Soon" page had invisible references to it.

...Objecting that one of the prohibitions in the injunction is vague and violates his First Amendment rights, Shkreli questions whether he would be prohibited from using a blog to discuss the pharmaceutical industry by the bar against him taking any action to influence the management of a Pharmaceutical Company. This provision is not vague. It bars him from taking actions to influence the management of a Pharmaceutical Company even through publicly issued statements. While First Amendment rights are deserving of great protection, Shkreli’s violations of the antitrust laws have lost for him the right to speak publicly about the pharmaceutical industry when such speech is uttered to influence the management or business of a Pharmaceutical Company. See Peregrine, 89 F.3d at 51 (finding that an injunction restraining the defendant from communicating with the management of a joint venture from which she was also enjoined from being involved was not overbroad).

To further respond to Shkreli’s objection, the following clause will be added to provision II.D.: Shkreli’s public statements about a Pharmaceutical Company will be deemed an action taken to influence or control the management or business of any Pharmaceutical Company if Shkreli intended the statement to have that effect or if a reasonable person would conclude that the statement has that effect….



https://martinshkrelilacksjudgment.files.wordpress.com/2022/02/shk-actual-injunction-daraprim-terms-2022.pdf