Just read the Rosen garbage. The link to the docum
Post# of 72440
Posted On: 03/13/2016 1:10:55 PM
Just read the Rosen garbage. The link to the document is below.
My take on it: they just repeat many of their allegations yet again, again mis-stating what the company said. It does appear that one of the smarter attorneys helped with deciding their arguments, though it is still poorly written.
Here's what they really want, with their dozens of pages of misrepresentations:
Got it? They want another do-over to try to make a case, and drag this out. Evidently they are under the mistaken impression that time is on their side, when in fact dragging it out will make their suit even weaker, the second that there is any news of a positive result from a clinical trial.
•They again make the claim that buying Brilacidin was risky and that said supposed "risk" was not disclosed -- their premise being that because Rosen estimates the cost of a drug trial at $150million, a figure for which they give no basis whatsoever, the company acted improperly. Of course, any biotech investor knows that drug trials cost money, so this is a completely frivolous and bogus claim. (In addition to making up this figure, they also fail to take into account the possibility of partnership or grants to finance the trial.)
•They again make the claim that the company "lied" about Brilacidin-OM, by misstating the company's position. They're trying to say that the company's premise that the anti-inflammatory properties are the probable mechanism of action is an acknowledgement that Brilacidin doesn't work as an antibiotic against certain pathogens. Again, basing an argument on Rosen/Mako's false premise.
• They claim that discussing p21 as a biomarker is a misrepresentation. This is an absurd claim.
•They try to weasel-word the stupid Menon Ph.D. business again, to imply that he said things he's already denied saying (in the context of an article he did not write).
Anyway if you would like to be, in the best Ghostbusters tradition, slimed, here it is:
http://ia801507.us.archive.org/4/items/gov.us...4.41.0.pdf
My take on it: they just repeat many of their allegations yet again, again mis-stating what the company said. It does appear that one of the smarter attorneys helped with deciding their arguments, though it is still poorly written.
Here's what they really want, with their dozens of pages of misrepresentations:
Quote:
Plaintiffs request leave to replead.
Got it? They want another do-over to try to make a case, and drag this out. Evidently they are under the mistaken impression that time is on their side, when in fact dragging it out will make their suit even weaker, the second that there is any news of a positive result from a clinical trial.
•They again make the claim that buying Brilacidin was risky and that said supposed "risk" was not disclosed -- their premise being that because Rosen estimates the cost of a drug trial at $150million, a figure for which they give no basis whatsoever, the company acted improperly. Of course, any biotech investor knows that drug trials cost money, so this is a completely frivolous and bogus claim. (In addition to making up this figure, they also fail to take into account the possibility of partnership or grants to finance the trial.)
•They again make the claim that the company "lied" about Brilacidin-OM, by misstating the company's position. They're trying to say that the company's premise that the anti-inflammatory properties are the probable mechanism of action is an acknowledgement that Brilacidin doesn't work as an antibiotic against certain pathogens. Again, basing an argument on Rosen/Mako's false premise.
• They claim that discussing p21 as a biomarker is a misrepresentation. This is an absurd claim.
•They try to weasel-word the stupid Menon Ph.D. business again, to imply that he said things he's already denied saying (in the context of an article he did not write).
Anyway if you would like to be, in the best Ghostbusters tradition, slimed, here it is:
http://ia801507.us.archive.org/4/items/gov.us...4.41.0.pdf
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