UPDATE 1-Hemispherx awarded $188 mln in "illegal" takeover suit
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* Suit was filed against SAfrica's JCI
* Hemispherx says no assurance on collecting award
* Suit from late 2004 alleged illegal takeover attempt
* Hemispherx shares up 16 pct
Aug 18 (Reuters) - Hemispherx Biopharma (HEB.A) said a U.S. federal court awarded it $188 million in damages in a lawsuit against Johannesburg Consolidated Investments (JCDJ.J) over a failed takeover attempt by the South African investment firm.
Shares of Hemispherx, which have lost 60 percent of their value since regulators declined to approve its treatment for chronic fatigue syndrome in December, were trading up 16 percent at 56 cents Wednesday on the American Stock Exchange.
The lawsuit filed in 2004 by Philadelphia-based Hemispherx alleged Johannesburg Consolidated Investments (JCI) and its former Chief Executive Brett Kebble had targeted Hemispherx for an "illegal" takeover attempt.
In an amended complaint in October 2009, Hemispherx said the defendants fraudulently obtained the company's proprietary and confidential information.
JCI and Kebble then used that information to cloud Hemispherx's patent estate, devalue its stock, and enlist major shareholders to join in an attempted hostile takeover of the company, the amended lawsuit said.
JCI was not immediately available for comment.
Hemispherx cautioned that there was no assurance that it will be able to collect all or part of the damages.
"We intend to move aggressively to domesticate the judgment in South Africa and elsewhere in an effort to collect on the judgment," Thomas Equels, a lawyer for Hemispherx, said in a statement.
The case is In re: Hemispherx Biopharma Inc vs Johannesburg Consolidated Investments et al, U.S. District Court, Southern District of Florida (Key West), No: 04-10129. (Reporting by Vaishnavi Bala and Santosh Nadgir in Bangalore; Editing by Unnikrishnan Nair)
http://www.reuters.com/article/idAFSGE67H0IM20100818?rpc=44 |