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Retractable Technologies, Inc. Message Board

  • tesiman tesiman Oct 23, 2013 5:50 PM Flag

    The "Fireworks" are primed

    I just finished reviewing the 81 pages of docket entries relating to the anti-trust litigation. The list of attorneys representing BDX goes on for three pages- a virtual who's-who's of the big time international law firms (Paul Weiss Rifkind, Beck Redden, McKool Smith, Wilmer Cutler). RVP was represented primarily by Locke Lord, a well regarded international firm, with a regional office in Dallas. Roy Hardin,Esq, and Brad Weber, Esq. appears to have taken the lead for RVP. Weber is co-chair if the firm's anti-trust dept.
    the dockets clearly reflect that BDX tried everything to convince the Judge to throw out the case. They filed Motion after Motion and lost virtually every one of them. One can easily speculate that the Judge has no love loss in favor of BDX or its counsel as they made every effort to pulverize RVP.
    I was also able to access the pleadings and "Verdict Form". In addition to the damage award, the jury found that BDX violated all four of the false advertising claims that were submitted to them . This is clearly in violation of the Lanham Act.
    Although RVP has not advised its shareholders of its litigation efforts, there were several motions filed by RVP on 10/15. they include:
    1. Motion to Recover Defendant's Profits (i.e. disgorgement);
    2. Motion for Injunctive Relief;
    3. Motion for Attorney's Fees; and
    4. Motion for Judgmernt on the Monopolization Claim (non obstante verdicto- meaning the jury erred as a matter of law).
    All of these Motions were filed under seal and can't be publicly accessed. BDX will have 20 days to respond and the Court can then schedule a hearing. Suffice it to say that the we have been kept in the dark by RVP. In a way, that has been good for us since we have a great opportunity to continue to buy the stock on the cheap.
    My opinion as to the value of the verdict and continued prosecution of RVP's claims has increased which adds to my confidence that shareholders will hit the jackpot.

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    • BDX market value has appreciated $1.25 billion in the last 10 days, and over 7 billion since the beginning of the year. IMHO: BDX should settle because:
      1) no way judge Davis will grant BDX a new trial
      2) BDX has settled the past two lawsuits for 49 million and 22 million with prejudice. These lawsuits were less egregious by BDX then RVP'S.
      3 ) RVP is the only remaining lawsuit outstanding according to BDX'S 10q.

    • Interesting .. As I said I am engineer so don't understand the importance of stuff you said but I am assuming you are upping your price target ??

      Today's trading was interesting .. I think there were a lot of those that bought in 1st few days and got tired of this dipping everyday and sold out

      Today seemed like a capitulation .. We should test today's low to see if it holds or some times it just goes up

      • 1 Reply to zoomlik
      • I mean I don't understand how to quantify these

        1. Motion to Recover Defendant's Profits (i.e. disgorgement);
        2. Motion for Injunctive Relief;
        3. Motion for Attorney's Fees; and

        For last one, it seems a god try but will not be granted , same as BDX motion to reverse the judgement
        4. Motion for Judgmernt on the Monopolization Claim (non obstante verdicto- meaning the jury erred as a matter of law).

 
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