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By the time it gets in front of a jury there's a good chance that the HIV BLA will already be approved.

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Just want to describe a case where such a thing happened. A company called SIGA had a smallpox drug that another company, Pharmathene, thought they had rights to. Won't go into details, but I believed that expectation damages were limited to what could be expected at the time the suit was filed.

Yet the suit was filed in 2006, when there was no market for a smallpox drug; in 2010, the govt awarded SIGA a $400 million contract. In 2011 the judge found for Pharmathene, awarding in $200 million in expectation damages from the 2006 suit.

To me this story says two things: 1) it can take 5 years for a court case to be decided, yes, but 2) the idea that CYDY can have expectation damages NOW even though they don't yet have a BLA for HIV is unassailable.

Throw in expectation damages for COVID if Amarex is proved to have messed that one up too. It does not matter if the market is hard to quantify now or was hard to quantify in 2019-2020; there was a market.

So I still think Amarex is going to owe us enormous sums, down the road.