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rancherho

04/13/08 6:39 PM

#5677 RE: ragsto #5676

>>If discovery commences would not DNDN have the right to know the true share count during the class action period?<<
No. Only those who actually document out of pocket losses from purchasing shares at improperly inflated values during the class period can make a claim for a proportionate share of any jury award or court approved settlement.

>>Sorry but the real cover up on why Provenge will be protected. And its not the 483 issue.<< It's not? - how would you know that? The FDA confidentiality regulations only apply to matters not disclosed by the applicant. Since discovery virtually opens DNDN's records in a Federal lawsuit, the FDA communications and actions are also discoverable. If the Form 483 issues had little or nothing to do with the FDA not approving Provenge last May, DNDN's attorneys will raise that defense, which they have not chosen to do yet. There has been a lots of speculation, but very few hard facts revealed about the FDA decision. That could change. JMHO.