bta court application, page-2

dma - your posts certainly keep discussion about Biota alive if nothing else. I would like to offer some hopefully well thought out reasons why I believe you are overinterpreting things though.
1) GSK own the trademark for Relenza - they do not have to "give it up" at all. They can of course sell it or use it as a bargaining device but Biota have no rights what-so-ever to this trademark. GSK's claim to the mark is very strong indeed because they have developed a reputation or brand around the mark.
2) despite the current legal stouch, GSK most likely do not want to give up the rights to Relenze because they are making good money (not great but good enough) for a relatively small royalty.
3) despite the current legal stouch, Biota probably do not want to take Relenza back because they do not have any manufacturing capabillities, distribution capabillities or detailing capabillities and by the time they got established with them they would have lost years of sales. This would far outweigh any loss they are claiming in the current action. Particularly if they cannot meet some of the large Government orders on the books.
4) In addition, it is likely that GSK have manufacturing know-how around Relenza, which they own and may be difficult or impossible to transfer.
5) I know from intimate experience that GSK are very very good at litigation proceedings. I believe the current action is a long way from over. The current phase is one of preparation. While there may ultimately be a settlement I don't think GSK are at all concerned about those issues at this time.
6) If there eventually is a settlement or a court finding in favour of Biota, GSK will likely continue to market Relenza for the reasons stated in 2, 3 & 4 above. It's not personal, it's just business.

I see nothing on the near term horizon in terms of marketed products to give either a negative or positive spin to the companies prospects, and everything else is in Research.

One last thing, I would be extremely dissapointed if this company ever paid a dividend - so don't hold your breath.