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06/04/07 1:27 PM

#4053 RE: ocyanblue #4035

DNDN does not need the legal risk as they surely will be liable if they were found lying to promote stock price (as you aptly pointed out) when the data come out at trial end.

Some comments:

a) It is unlikely it will ever come out at the end since it will not be part of a BLA filing - and so will not be flamed the way the CR was in the 9901 filing.

b) Can't even begin to list the number of companies that make absurd statements that they HAVE to know are going to come out in the NDA filing - and yet they make them anyway.

I take the Nomogram data as good, but with a significant grain of salt due to the history of the CR analysis in 9901 - e.g. what they assumed for the patients with missing data and the prespecified nature of that CR.

Clark