I do think something is not as it seems here, but go back to the court documents and oral arguments and am convinced PIP will get at least 1/2 of the profits as the lower court ordered. I have no idea what the delay is, could be that 10 year share of profits is too arbitrary, perhaps they are arguing over who owns the license ... I don't know. I do know the facts:
1. Siga and PIP had several contracts in place.
2. The future earnings of Averstyr were outlined in the Lats (eliminating the reliance damages argument).
3. The chief justice said in the Oral arguments something along the lines of, "if both parties were not going to follow the agreement, why have one at all .. and in this case there was an agreement (the old heads I win tails you lose comment).
4. Aegis Capital initiated it - they probably have a decent staff of lawyers that reviewed the case and came up with the same conclusions (whereas Wedbush has been all over the map - i.e. ONTY and VIVO).
I am sleeping good owning PIP and although the delay is troubling, the reasons for the delay are mere speculation.
ok, first off all, saying cross-appeal issues mean nothing..... most cases that go to appeal have cross appeal. Law clerks and writers for these judges can dispose of the cross appeals in a hurry. These are terms that laymen use to make up an excuse.
Secondly, whether it is 3-2 or 4-1, does not matter. You think they lose sleep at night for a 3-2 and spliit like a jury? .... :-D
These are professionals. They have no less than 50-60 cases on tap and oral arguments on average every week. This is not "12 angry men" or any other jury movie. This is not normal and so will be a lot of twists and turns.
That is why I am telling people to hedge. There is something strange here and it is not vanilla affirm. ALSO, anyone who believes the line about, oh, "our chief justice was out for 2 months after oral arguments and now is the date he got to listen to it ....." is a fool. Did he have an erection lasting longer than 4 hours and had to call his doctor? If you are sick for 2 months, then you should be replaced.