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Mylan arbitration and 5 weeks

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    The Investor Presentation dated 1/9/2017 indicates that it is probably only about 5 weeks before the Mylan matter is to be heard in front of an arbitrator.The issues that keep myself thinking that a positive outcome for POH will eventuate include:
    1.Ross Murdoch verbally confirmed to me that POH scientists believe that their daptomycin injectable IP has been violated by Agila/Strides/Mylan.Therfore in my opinion this issue is not a straight out breach of legal agreements and definitely involves improper product development or immitation.
    2. The current Board of Directors surely should have the expertise and experience to recognize daptomycin injectable IP issues long before the matter is given out for legal opinions from attorneys Corrs Chambers Westgarth.
    3.Mylan have not lodged any counter claims.
    4.The Cubicin[daptomycin for injection] product came off patent about a year ago and has been attacked by daptomycin injectable generics from Hospira,Teva and Crane Pharma since that time.This item alone should make damages by the indepedant experts easier to calculate than would otherwise be the case.
    5.The shareholder information timeline that I produced recently indicated that Mylan daptomyvin injectable progress was going well as at 28/10/2015[the last notice before arbitration].
    Within 8 weeks of 28/10/2015 announcement the arbitration notices were lodged.This outcome would suggest that matters had not being going well for sometime with Mylan and that finally POH Management and Board had enough legal ammunition and specific daptomycin injectable market information to take on Mylan in arbitration.
    I actually believe there has been an over time strategy working here although others may disagree.
    6.Mylan will obviously not want to pay here and the escrow monies in hand by Mylan from the Agila/Strides/Mylan deal may come into play to help facilitate a result.
    7.The recent shareholder cash back offer to me signals confidence by the Board of Directors in a favourable outcome against Mylan and that they do not forsee a capital raising in the near term.
    These are just my views at this point in time.
    Kens
 
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