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JJM760

11/03/12 1:44 PM

#151702 RE: oldberkeley #151686

Wasn't this an automatic sale made through the insider's 10b5-1 program?



http://www.sec.gov/Archives/edgar/data/1029142/000110465912069632/xslF345X01/a4.xml

This is not a straight up insider, but rather a biotech VC selling some shares at a nice gain. Symphony acquired these shares from DVAX for a much lower number in an exchange for two other products (other than Heplisav). From what I can tell, I believe Mark Kessler was given his BOD position then (both events happened around the same time in 2009). Ironically, this is very similar to the AMRN situation you clarified for me back last year.

The footnote says the 10b5-1 was as of 10/2. I am just wondering that if they had an inkling that the company was being pursued or had any interest in being acquired at that time, why would they have pulled the trigger on 6 million shares?