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SIGA Technologies, Inc. Message Board

  • ozzie_ozborne ozzie_ozborne Feb 8, 2013 2:22 PM Flag

    ZERO CHANCE

    ZERO CHANCE this lawsuit ruling is overturned. The decision is entirely consistent with the facts. Bad Faith - SIGA pays. Simple as that. Appellate courts look for error in application of law, not interpretation of facts. None of that here. Speculative or not, a decision was reached as to damages that is consistent with the facts. Unless this appellate court wants to create "new" law, this thing stands. Heard it here. Trade at your own risk.

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    • I have traded both of these companies A LOT over the last 3 years...... i honestly don't even remember ALL the specifics of the decision in PIP's favor, so I can't say for sure if it will be amended somewhat to balance the decision in either direction... but what i do remember is that there was never a doubt in my mind that PIP was going to win, it was rather obvious.

      they're going to stay on the winning side of this decision, that much is obvious and guaranteed... at this point i'd probably prefer to have more benefit for SIGA, but in reality, both companies' stock can have a nice rebound

      i'm banking on scoring on both

    • Very seriously, I’d say letting Dumworld Parsing’s ruling stand is closer to zero than overturning it is.

    • LOL. Yeah they always hear cases with zero chance En banc.

      Sentiment: Strong Buy

    • Get a LIFE...SIGA is going to head back to $15....

    • It's not the liability finding numb nuts that's likely going to be over turned. It's the damage findings, and the method they were arrived at that is going to be over turned and sent back to the trial court.

      Yes...the "bad faith" finding might indeed be upheld, but you can't speculate a 50-50% merger would have taken place between the two companies because one side wanted to screw another in the process. Damages might be awarded therefore to PIP, but certainly no where near 50% of the net profits of ST-246 that Parson's came up with. No where even close IMHO....

    • Yeah......if you want some credence on this board, use a different ID then Ozzie Ozborn....try Melvin_Dershlaw or something along those lines.....Welcome to "eternal ignore"

    • "ZERO CHANCE this lawsuit ruling is overturned. The decision is entirely consistent with the facts. Bad Faith - SIGA pays. Simple as that. Appellate courts look for error in application of law, not interpretation of facts. None of that here. Speculative or not, a decision was reached as to damages that is consistent with the facts."

      If all were that simple the Appellate Court would not have taken the case.

      Watch, worry, & learn!

      "Unless this appellate court wants to create "new" law, this thing
      stands."

      Parsons created new law & The Appellate Court will kill it or chaos will reign in the Corporate Law World & Del. can kiss their corporate legal business bye-bye!

      Heard it here.

      imo

      PIP is POOP!

      Just ask the FDA about their submissions credibilty!

      • 2 Replies to evenu2canexcel
      • PIP is poop...where have I heard that before ???

        Sentiment: Strong Buy

      • "Parsons created new law & The Appellate Court will kill it or chaos will reign in the Corporate Law World & Del. can kiss their corporate legal business bye-bye!"

        Parsons did exactly what the Chancery court's equitable jurisdiction allows its judges to do: Craft creative and flexible remedies where no other remedies exist at law.

        Parsons even commented on this case in an interview:
        "I have decided several trade secret misappropriation and intellectual property licensing disputes. The most recent of those decisions, Pharmathene v. SIGA, provides an example of an intellectual property case that falls within the traditional equitable jurisdiction of the Court of Chancery. In Pharmathene, the product was an antiviral drug to treat smallpox, which could be used in case of a biological attack. SIGA paid to acquire the technology of the drug. After an 11-day trial, I ruled in September 2011 that SIGA had breached its obligation to negotiate in good faith regarding a license to that technology, and I fashioned an equitable remedy to address that breach."

        Cases litigated in Chancery court have an automatic right of appeal. So the Delaware Supreme Court had NO CHOICE other than to hear it. The standard of review for "legal" issues in Chancery appeals is "de novo" (appellate court retries the entire case). That's not the situation here. The standard of review for questions of fact is "abuse of discretion". So for SIGA to prevail on appeal, the Supreme Court must determine that Parsons abused his discretion in crafting his remedy to SIGA's bad faith. In effect, they would have to undo what the Chancery court was specifically set up to do: Allow its judges to craft creative and flexible remedies where no other remedies exist at law.

        IT AIN'T GOING TO HAPPEN.

    • "new law"? Seems like the original decision was law from outer space.

 
SIGA
2.64-0.04(-1.49%)Jul 31 4:00 PMEDT

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