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Biotech / Medical : VVUS: VIVUS INC. (NASDAQ) -- Ignore unavailable to you. Want to Upgrade?


To: Steve Childs who wrote (2666)11/19/1997 9:09:00 PM
From: DDS-OMS  Read Replies (1) | Respond to of 23519
 
No lawyer, but I've seen Asensio in action--the target companies always file suit, ask shareholders to take delivery of shares so cant be loaned to short, blame the shorts for the companies' tobogganing stock price--and the company doesn't survive long enough for any trial to take place, so the question ends up being moot. If past is any indication, Asensio's cohorts will be posting a constant barrage on the ZONA thread. The % short last month wasn't particularly large, soon it will be impossible to get shares to short because of the size of the short position.



To: Steve Childs who wrote (2666)11/20/1997 12:51:00 AM
From: Zebra 365  Read Replies (1) | Respond to of 23519
 
I'm not a lawyer, but I can tell you that the truth is an absolute defense to libel. I think you will find that the Asensio attack is carefully worded and there are some very high powered defense attorneys ready to respond and defend every factual statement in there. There are also opinions mixed in with the facts, and altogether defendable, if the facts are true. I do know Asensio and his methods, this is really why I said the stock ZONA is "dead meat."

Truth is the timing is perfect. I was going to short ZONA too right after the SGP announcement because I thought that would be the last good news for quite a while. If ZONA does not file for FDA approval before Viagra is approved they will not get expedited review because there will already be an approved drug in that category. That could be as long as a two year wait for approval if it comes at all. I see very little good news ahead for ZONA. I thought it was interesting that ZONA, in their rebuttal, could not just say, "We have a defensible patent for the oral use of Phentolamine for ED. Even if they have a patent, there is nothing to stop a generic drug maker from putting up some phentolamine pills for sale "for hypertension"

Remember, Vivus has a defensable patent for it's delivery system, a year of sucessful sales, and a lack of capacity to produce enough. I think the stock VVUS is stagnant here because, absent increased production, there is no way to grow sales significantly this quarter. However a milesone payment or two could still grow earnings, and good news is just a little bit away, according to some.

Zebra