POH 0.00% 0.0¢ progress 2023-2 trust

Ann: Phosphagenics Arbitration Award Issued, page-208

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  1. 1,963 Posts.
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    In my view the Board and management have effectively gambled away the future prospects of POH through the persuit of an arbitration action which they themselves warned shareholders that there was no guarantee of success.{The indepedent experts rated a probable chance of success between zero and $US300M}.
    Corrs Wesgarth Howard are the people who ultmately would have convinced POH management etc that this was a positive legal action despite the company knowing that there was no guarantee of success and also knowing the hard ball nature of the Mylan legal team.

    Then the cash back{cost base reduction} to shareholders offer was created to only increase shareholders expectation of a win.
    There can only be one reason why POH pursued this action is that they had been privately been assured this would be a financially viable action and thought it was worth the minimal risk.
    The rock and the hard place scenario [to defend or not defend company IP]just does not do it for me in this instance when the generic pharmas are all over the same dapto jnjecable market from June 2016 and a legal loss sends existing POH shareholders[and possibly the company] to the wall.After all this was one pharma co and one injectable product.
    I would like to know:
    *At what point in time were matters with Mylan known in house to be trouble before the arbitration announcement and what correspondence existed between the two companies leading up to arbitration action
    *Was a settlement ever attempted between POH and Mylan
    *For POH to loose on every arbitration issue seems to reflect an anadequte street wise legal team[based on my own work and observations]which only raises the next question of why bother if the arguments were so poor.
 
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