abobo,
Thanks for the effort you put into your posts.
P.S. If Peter Malloy gave us the ill conceived lawsuit (current boards view), why did Peter Cook increase the lost royalties claim from $400m to $700m and why BTA's powerful statement of GSK's failures in March 2007?
"“We now believe that behind GSK’s failure to use its best endeavours to develop and
market Relenza is systematic failure by GSK in key areas of drug development with
disastrous consequences from our point of view as a junior biotechnology company.
This is especially disappointing given the trust that companies such as us must place
in our senior development partners,” said Peter Cook.
In addition, the statement of claim alleges:
• GSK systematically concealed its decisions to withdraw support for Relenza from
its junior partner, having adopted an exit strategy and implemented it by
successively withdrawing marketing and promotional support for Relenza, while
maintaining the contrary position with Biota;
• a number of senior GSK executives including GSK’s CEO, Mr J.P. Garnier, were
involved in this concealment;
• owing to GSK’s dismantling of its manufacturing and distribution system for
Relenza and its adoption of a no surplus inventory policy for Relenza, GSK was
unable to respond to demands for Relenza from Governments to deal with Avian
flu, thereby surrendering the stockpiling market to the competitor product
uncontested;
• GSK’s belated responses to demands from Governments the world over to come
to their aid with supplies of Relenza to manage the threat of Avian flu were
tokenistic and lacking in genuine intent to properly market Relenza to this
substantial market;
• despite being in possession of trial data to support regulatory approval for
prophylaxis as early as 2001, GSK did not pursue prophylaxis (preventative)
claims in major markets until very recently. GSK’s actions have placed Relenza
at a significant competitive disadvantage in relation to the pandemic influenza
stockpiling market and have prevented the drug from playing a significant role in
combating Avian flu.
• notwithstanding its status as one of the world’s largest pharmaceutical
companies, GSK’s consistent pattern of failures with Relenza cover the full gamut
of the drug development process, and include:
- failures of trial design and execution
- inappropriate inhaler device selection
- poor regulatory approval management
- failures of global marketing and promotion
- inventory and production too limited to respond to demand
- failure to exploit existing and new markets
Mr Cook said that Biota strongly contends GSK knew it was in breach of its contract
with Biota and that had Biota not taken the decision to litigate against GSK to seek
redress, Biota would never have known that GSK had actually taken a clear decision
to abandon the drug.
“Biota remains steadfast in its commitment to pursue GSK to redress its failure to do
the right thing,” Mr Cook said."
When Mr Cook was made CEO, was one of the prerequisite qualities the ability to folded like a cheap suite?
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