Rosen CANNOT say it was on the basis of bad information or new information by the company. It was their decision to deliberately ignore information that was readily available, when the code of professional responsibility REQUIRES that they actually research information before filing a lawsuit. They could have weaseled out of the first press release on the day of the Mako article because it wouldn't have been worth it to pursue them for that. But this is so far beyond the pale, they can't plead inadequate research when it was their duty to research before filing.