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Posted On: 10/05/2021 3:38:40 PM
Post# of 148870
Unfortunately, whoever stated that it is a Proposed Order is correct. Please look at the top of the document. That is what a party files along with a motion asking the court to issue an order with the language provided, along with a statement of what it hopes the court will order.
I skimmed Cytodyn's Complaint and its memorandum in support of a preliminary injunction. Very high level based on what I read (you can access it on PACER) is that (very rough based on my layman's understanding):
1. Amaraex was evidently failing its responsibilities to properly categorize, organize, and analyze the data for HIV trials (67 patients) and NASH (25 patients I believe?).
2. CYDY discovered this when it reviewed a snapshot of the information, which lacked any proper headings among other glaring holes in the data.
3. CYDY stopped paying Amarex at some point because of its breach of its obligations under the Master Services Agreement (unsigned but still binding)
4. CYDY demanded full access to all its data and the ECD, which is an important set of data they need for the clinical trial work.
5. Amarex refused and will not give CYDY a login or access to CYDY's own data and the ECD.
6. Amarex initiated arbitration to get CYDY to pay the money it has wittheld.
7. CYDY filed in federal court for a preliminary injunction requesting that the court order Amarex to provide CYDY with its own data that Amarex is wrongly withholding.
That's the high-level summary. I don't remember details of when CYDY says it stopped paying Amarex versus when CYDY first demanded Amarex provide the data.
Again, this is just a summary based on memory after skimming the Complaint and memorandum. It is all in public filings. Amarex has not filed a response yet, and there has not been a hearing yet. The court has not ordered anything yet.
That's all. I expect CYDY will win this one. Hard to see how they (we) won't.
I skimmed Cytodyn's Complaint and its memorandum in support of a preliminary injunction. Very high level based on what I read (you can access it on PACER) is that (very rough based on my layman's understanding):
1. Amaraex was evidently failing its responsibilities to properly categorize, organize, and analyze the data for HIV trials (67 patients) and NASH (25 patients I believe?).
2. CYDY discovered this when it reviewed a snapshot of the information, which lacked any proper headings among other glaring holes in the data.
3. CYDY stopped paying Amarex at some point because of its breach of its obligations under the Master Services Agreement (unsigned but still binding)
4. CYDY demanded full access to all its data and the ECD, which is an important set of data they need for the clinical trial work.
5. Amarex refused and will not give CYDY a login or access to CYDY's own data and the ECD.
6. Amarex initiated arbitration to get CYDY to pay the money it has wittheld.
7. CYDY filed in federal court for a preliminary injunction requesting that the court order Amarex to provide CYDY with its own data that Amarex is wrongly withholding.
That's the high-level summary. I don't remember details of when CYDY says it stopped paying Amarex versus when CYDY first demanded Amarex provide the data.
Again, this is just a summary based on memory after skimming the Complaint and memorandum. It is all in public filings. Amarex has not filed a response yet, and there has not been a hearing yet. The court has not ordered anything yet.
That's all. I expect CYDY will win this one. Hard to see how they (we) won't.
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