I agree that sounds like what should normally happen when getting closer to a binary event. The move last year was likely in anticipation of application being filed. As I am of the belief that without higher buying volume, there's no rush for those holding the SP in a tight grip to let it run. Last year, they knew they could let it run and then short at much higher prices as they would likely have time on their side. This year, they do not have the luxury of time to move it back down if they let it run. I really thought the SP would move up about 10% weekly when it started to move up last week. I continued to think that when we briefly hit almost 39 cents this past Monday. Though it could still be true, it looks like they have not given up yet, likely due to the lack of volume we are seeing this week, compared to last week.
I think that they are currently waiting for approval to let it run. They will be in a much worse position regarding potential damages in the law suit, should the price run up prior to approval. Once approval hits, they can point to a significant event as the trigger for a higher SP, and in my opinion, they would sort of feel they are 'off the hook' as it moved because of the event.
JMHO
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