Aug. 19 at 11:55 AM
$SGMO@greko50 I agree with what Docket 326 actually says: no competing Qualified Bid was submitted, the bidders were given a final opportunity to bid, and the Equity Committee was consulted before the Merope auction was closed. Those are facts.
But I think there is still one very important unanswered question: WHY was there no competing Qualified Bid?
Now that Genentech, Astellas and Alexion are all disputing what rights Lilly can actually acquire “free and clear,” we have to ask whether that uncertainty affected the bidding process. Did potential bidders decline to bid, or decline to qualify a bid, because the scope of the IP/licensing rights being sold was unclear?
If the answer is no, then
$50M may indeed be the best market evidence we have. But if the answer is yes, then the absence of an overbid does not necessarily establish that
$50M represents the value of Merope under clarified rights.
That, in my opinion, is one of the key questions for the hearing.