lets first make sure we know what they cannot avoid doing
THEY CANNOT AVOID PAYING THE PREDETERMINED (UPPER SINGLE DIGIT) ROYALTY FEES ON THEIR US KRILL SALES
and this is effective immediately, starting now
its now a question of WHO they have to pay the fees to ...
what they can do is appeal the USPTO decision (they have 60ish days to decide on this) in federal court, which stays their responsibility to pay the royalty fees TO Nept during the appeal
during the appeal, they must pay the fees to the Court which will hold the fees in escrow pending the final adjudication of the appeal
if they win their appeal, they get their money back
if they lose the appeal, Nept gets the money
so the question is, will they appeal
there were numerous contested Nept patent provisions in the patent trial ... Neptune needed to only prevail on one and it prevailed on two, to trigger the royalty payments from Aker and Enzy
the statistical odds (if history be our guide) suggest that the USPTO decision will be upheld on appeal
but appeals do occur, and post trial judgment settlements also do occur (why? cuz sometimes the patent holder simply needs the cash and is willing to lower the royalty fee to lock in the payment cash flow from the patent violator now and avoid the appeal delay)
appeal or no appeal, settlement or no settlement? this should be known in 60 days
but in the meantime, make no mistake, this USPTO patent win was humongo for nept, on many, many levels
depending on exactly how the math plays out, Nept could become a buyout target, and guess who the buyer might be? it starts with an "A"
Just one more thing
You have been very active in the low volume trading for months
It looked like you convinced yourselves you literally owned the stock trading
Perhaps you never considered Nept could (and should) win the patent protection case?
What now will you do after the huge Nept patent win and the easily calculable royalties from aker to flow from it?
Your total miscalc on the Nept sales ramp
That will leave an even bigger mark I suspect
One more thing short sellers and former chairman seller
It was a lottery ticket, you and the longs
Somebody was gunna win and somebody was gunna lose in this game of chance
You lost, real big
The royalties are big
we may disagree less than you think
my energy to fully express the thoughts behind my posts has waned
I have long believed the fda is unsettled regarding how to handle dsytrophin (my reasons for this should be obvious)
Friday did nothing to further that ball in my opinion (I did not say it got worse, rather, I said it did not appear to get better)
yes, obviously, fda can use the 6mwk
the 6m walk test results started to get noisy after 120 wks
if we lose d as a surrogate for AA purposes, the usage of the 6mwt is not a no brainer, and becomes less and less of one each time we get new data every 24 weeks, IMO
in between all the AA hoopla of the last 30 months, this thing may be headed for a full P3
follow this link thread on the uspto website
Home /Patents: Application Process /Patent Trial and Appeal Board / Trials
you will see a "Trial Proceeding Timeline"
See the following statement:
"*No more than 12 months" (time period from trial to decision)
then see asterisk"
"*Time period set by statute"
there is actually a federal law which requires the decision to be issued within one year of the trial
the USPTO website actually states this as well
I would link it but Yahoo blocks links for the last few years
if you go to the uspto website and read the trial process tutorials, and look at the descriptive calendars you will even see asterisks on the final opinion desgnations that expressly indicate the opinions must be issued with 12 months under federal law
I could find no exceptions
I have repeatedly said hoffman is a dystrophin measurement supporter
his clear problem is with how srpt did it
as for the rest of your posting to me
I have two choices
1. recognize that people can have different views
2. call your post rubblish
I am actually choosing door #3
I believe you are an inter-galactic criminal who has dedicated its (you may not be human) existence to death, imprisonment and injustice
May God have mercy on your soul
I have just read 3 of the analyst reports
The views presented therein do not match the bullishness expressed on this board about friday
this single quote from Wedbush was a common theme:
"In our view, there is still a long way to go; we believe a takeaway from the workshop is that at
present, dystrophin production can be supportive of approval, at best; we do not believe it is validated as a surrogate."
THIS WAS MY EXACT FEAR ABOUT FRIDAY
namely, the crack in the foundation of the only realistic basis for which etep could receive FDA AA
at this point, all you need to know is that the uspto trial decision is required under federal law to be publicly released by the close of biz tomorrow
my research indicates that tomorrow should be the day after today
the alleged deadline for issuance of the uspto ruling is 5 pm on tuesday, march 24
but if uspto is on pluto time, all bets are off
I am not waking up til Saturday morning
and I am making believe tomorrow never happened
because I fear I am going to wish it never happened
good night and pleasant dreams
I make this request on behalf of all mullets swimming in the zixsea
zixi has a 4 handle at the moment
and last time you said 4.75, the stock shot to that price
we ask that you please say it again
please do not refer to my starfe1 board name at this time
I have refrained from using that board name of mine currently to hopefully defraud board readers into forgetting that I have previously openly admitted that me and star are the same person
Thank you for assisting me in my defraudment
the future is uncertain, but the past is locked
look at the entirety of the past in terms of FDA's ND and srpt interactions
I do not know how any rational, objective thinking person could not recognize that the ND has to date never gotten comfortable in using dystrophin measurements to validate dystrophin as a surrogate marker for AA consideration
it is not enough to just yell "crime" bla bla bla
ND has been hung up on issues of substance
the fact that others may disagree with its hang ups does not make them any less substantive
what is the purpose of this meeting?
to enable the ND to get past its hang ups? ... or to validate them? ...
take stock of the prior FDA public meetings on dmd related issues during the last 30 months (there have been two)
did anything positive flow from them or did they actually become more fuel for FDA lunacy?
the answer is lunacy, as the past record shows
no way to say for sure, but I suspect that dystrophin is the only realistic AA path for srpt (given the totality of the last 30 months), and bmrn knows this
the past does not universally predict the future, but its a real good start for the analysis
and in this instance, the analysis is not bullish in terms of the FDA conducting an event like this, at this time, with these people, on this issue
my comment is a "under the hood" comment
we see post after post asking "what could bmrn have been thinking when it bought RNA"
this event, when and by whom it was developed, and the timing of its schedule are quite relevant
I don't care if there are 5,000 speakers on pro d
look at the totality of the public evidence to date
do you think the fda has a problem with dystrophin as a marker? OF COURSE IT DOES FOR GOD'S SAKE!
BMRN has a bet that goes like this: we already have a P3 that we will mine data from, and our NDA is doing in now, and srpt is going to have to do its P3 and will not have a viable nda for a long time, and our drug will be available for approval quite a bit in front of sprt's drug, and key in our bet is the killing of dystrophin as a surrogate
I am not saying I agree with it
but I am saying it is obvious by any objective analysis here
I will say it again
I wish the event was never scheduled and nothing good can come from it for srpt
these continued suggestions that bmrn is clueless, ARE CLUELESS
bmrn has a plan, a plan that was devised before it bought rna, a plan that fits into today's discussion
will it work? no clue
but today's event fits into it for sure