State Street filed an amended holdings report last night. They are now showing a total of 8,590,226 AVNR shares. That's almost 3.25M MORE shares than they reported last quarter. I can only assume that they somehow erred in merging their various funds holdings. At any rate, this looks like it could help boost AVNR to a higher percentage of institutional holders. We should get most of the reports by next Friday. Always a few laggards.
Here's a copy of my previous post for comparison:
STATE STREET FILING
Their HR for 12/31/13 is out today, and it appears to show that they have 3,072,725 shares of AVNR. That's a big drop from the 5,344,455 shares they held as of 9/30/13, but pretty much in line with the 3,068,897 shares they had as of 6/30. I took a look at their ARNA position, and it is down also (after they added in Q3). It could be that BlackRock bought some of their shares, as tutes tend to trade large blocks amongst themselves. The Q4 institutional holdings reports are due out in the next week or so (I think 2/14 is the deadline), so we should know the percentage of institutional holdings in AVNR (as of 12/30) at that time. Again, the data will be 1 1/2 months out of date, but it's a metric that bears watching along with everything else.
Group One filed their 13F-HR today, and it shows they held 481,842 AVNR shares as of 12/31. That's up close to 300,000 shares from the 188,597 shares they reported on 9/30.
Of note is their position in AVNR options. They're showing calls covering 177,200 shares, and puts for 402,000 shares. So it looks as if they may be hedging their bets, though this could be a more complicated strategy based on their view of upcoming binary events.
It looks "pasteable":
At Wilmington this 18th day of March, 2014, having considered the parties' joint letter
regarding the expiration of the 30-month stay and their respective proposals regarding the
schedule for any motion for preliminary injunction in the event FDA approval of Defendants'
ANDA products occurs prior to the Court's issuance of its post-trial opinion (see D.I. 485), as
well as the parties' previous submissions and argument relating to these same matters,
IT IS HEREBY ORDERED that:
1. In the event that any Defendant receives FDA approval for its ANDA product
prior to the issuance of the Court's post-trial opinion, such Defendant shall provide notice of
such approval to the other parties and the Court within four ( 4) hours of receipt of such approval.
This obligation is triggered by the receipt by any Defendant of confidential and/or public notice
of such approval. The Defendant providing notice of such approval may do so through a sealed
filing that is subject to the limitations of the protective order entered in this case.
2. If, following the notice to be provided pursuant to paragraph 1 above, Plaintiffs
then file a motion for preliminary injunction, briefing on such a motion will proceed according to
the following schedule:
a. Plaintiffs' opening brief, not to exceed ten (10) pages, is due two (2) days
after receipt of notice of FDA approval;
b. Defendants' answering brief, not to exceed ten (10) pages, is due eight (8)
days after Plaintiffs' opening brief; and
c. Plaintiffs' reply brief, not to exceed five (5), pages, is due three (3) days
after Defendants' answering brief.
3. The parties' briefs shall not address the likelihood of success on the merits factor,
given the previous submission of the parties' post-trial briefs on the merits.
4. The parties should address in their briefing any request or requirement that the
Court impose a bond obligation.
5. If necessary, the Court will conduct an evidentiary hearing within fourteen (14)
days of notice to the Court of FDA approval or as soon as possible after briefing is completed.
6. Defendant(s) shall not launch their ANDA product, even if approved, until the
earlier of: (a) the 15th day following the provision of notice pursuant to paragraph 1 of this
Order, or (b) further Order of the Court. To the extent this paragraph 4 can be construed as a
temporary restraining order, it complies with the limitations provided in Federal Rule of Civil
Procedure 65, as this paragraph 4 shall, by its terms, expire no later than the 15th day following
FDA approval of an ANDA product.
7. The Court finds that the instant order is necessary and helpful in order to manage
its docket and is authorized pursuant to the Court's inherent authority to do so. By entry of this
Order, it is the Court's intent and expectation that it can prevent the parties from filing and
briefing a preliminary injunction motion that may be unnecessary in light of the current absence
of FDA approval and the submission of already lengthy post-trial submissions on the merits.
8. The instant order applies to both the Par and Impax Defendants. Impax has not
shown that it would be unduly prejudiced by being bound by this Order, yet the Court believes if
lmpax is not subject to this Order the benefits intended for all parties, and the Court, would be
reduced or eliminated.
Around 8 pm last night, there were a total of 9 filings - 5 directors and 4 officers as follows:
Keith Katkin 257,125 // 97,250
Joao Siffert MD 80,750 // 43,000
ROHAN PALEKAR 80,750 //43,000
CHRISTINE OCAMPO 29,325 // 15,050
CRAIG A WHEELER 28,900
Dennis Podlesak 28,900
Corinne H Nevinny 21,700
David J Mazzo 28,900
Hans Edgar Bishop 28,900
All of the above represent RSUs (restricted stock units). The RSUs for the 5 directors vest 1/12 every month so that they have the full amount after 1 year. 1/4 of the RSUs for the officers vest every year so that they have the full amount after 4 years. The second figure for the officers represents RSUs to be awarded on the basis of certain performance milestones being met.
I was going to use "court order" as a heading, but though correct it would probably give everyone heart palpitations like I got when I saw the filing. Anyway, AVNR asked for confidential treatment for parts of Ex 10.33 of the annual report. Here's a clip of the heading for Exhibit 10.33:
Exhibit 10.33 Execution Copy
AVANIR PHARMACEUTICALS, INC.
[***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Not quite as earth-shattering as the other court proceeding we're waiting for, but I thought I'd post this as previous requests for confidential treatment have caused a stir here.
I don't see any AVNR shares in the list.
Baker Brothers are showing 5,428,591which would be up 1M shares from last Q.
There were some other big adds or sells, but I couldn't get on Y to post them.
Barring some good news on scripts or lawsuits, we'll probably see a drop in AVNRs stock price, along with the rest of the market, followed by several hundred posts pontificating about what a POS this stock is. Then we'll get several hundred posts about what a POS those posters who called AVNR a POS is, followed by posts calling for everyone to ignore posts by certain posters. Interspersed with these posts will be a very few containing ACTUAL information. These posts will likely be lost in the shuffle. In other words, today will be pretty much like every other day in Yahooland, except if we get some real news.
03/04/2014 477 REDACTED VERSION of 474 Letter by Avanir Holding Company, Avanir Pharmaceuticals Inc., Center for Neurological Study. (Noreika, Maryellen) (Entered: 03/04/2014)
03/04/2014 478 Official Transcript of Telephone Conference held on February 21, 2014 before Judge Leonard P. Stark. Court Reporter Brian P. Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/25/2014. Redacted Transcript Deadline set for 4/4/2014. Release of Transcript Restriction set for 6/2/2014. (bpg) (Entered: 03/04/2014)
03/04/2014 479 Letter to The Honorable Leonard P. Stark from Steven J. Fineman regarding Federal Circuit's decision in Galderma - re 475 Order Setting Teleconference,,,. (Fineman, Steven) (Entered: 03/04/2014)
03/04/2014 480 Letter to The Honorable Leonard P. Stark from Maryellen Noreika regarding Plaintiffs Response to February 25, 2014 Order. (Noreika, Maryellen) (Entered: 03/04/2014)
Notice docket #478, the transcript of the 2/21 teleconference says that it's redacted, BUT available for viewing at the Court's public terminal or for purchase through the Court Reporter (which is what I said at the time).