So far as I know, a much better try than you think. Who said he sold any significantly greater percentage of his stock than he'd sold yearly around the same time? I believe you'll find the record doesn't show that. This may be a convenient history for shorts with a losing position to make verbal advantage of per their game plan, but it doesn't show any worry over a now discredited "cease & desist" letter which itself resulted from frivolous charges brought "solely (quoted for humor AND almost certainly, accuracy)" by shorts and perhaps certain temporary, nameless, friends we may know of (perhaps even the exalted Pat Mudge of S.I. fame, for all I know). Heck, there is now every reason to know TERN was and is a very serious technology company first and foremost, and no real reason to believe they tried to hide any facts about S-CDMA vis-a-vis DOCSIS inclusion. I recall the TERN thread was aware of the DOCSIS rights issue and the manufacturing source of the DOCSIS modems they then sold, before Pluvia showed up and probably even before the shorts ever needed to fully plan the final attack they went through with. I read in detail the bulk of the original suit(s), and can hardly describe the level of sloppy convoluted logic found therein, IMStrongO. At the time it made me think TERN was honest and would "likely" get S-CDMA into DOCSIS, and I was right, though I sure as hades never ever, for your information, have had any position in the stock nor any relation to those did...any thorough way you want to put it...throughout this.
As for the Canadian Rogers and/or Shaw "cable companies" bit...the whole industry was awash in inventory due to over-production, not just Terayon. They couldn't know any more than anyone else what was about to happen. I believe I realize TERN faced the same troubles as its industry itself, for the same innocent reasons, and if a judge were to look hard she might see that again, charges over this issue may well not be credible at all. Maybe something will be found worth a slap to TERN, We'll see. Never-the-less, IMO, the Judge is on the right track to think shorts like Pluvia abbetted/committed illegal acts, above all.
Dan B. |
