“Hold On… [A Suit’s] Comin'” — Now, Isaac Hayes’ Estate Is Suing Tangerine For Stealing The Legend’s Music, Without Payment Or Permission…

From a tweet that tells it all: “We, the family of Isaac Hayes Enterprises, represented by Walker & Associates, are suing @realDonaldTrump and his campaign for 134 counts copyright infringement for the unauthorized use of the song “Hold On I’m Coming” at campaign rallies from 2022-2024. We demand the cessation of use, removal of all related videos, a public disclaimer, and payment of $3 million in licensing fees by August 16, 2024. Failure to comply will result in further legal action. — The Hayes Family….”

The guy is simply a rolling crime spree. He refuses to pay anyone for anything, which is why his rallies are held almost exclusively in open fields — so many vendors have been stiffed. But it is especially egregious that he steals artists’ copyrighted works, without paying — and uses them to imply the song supports his odious agendas. [That tort is called “false light publicity“.]

So, here is the latest (of several dozen):

…Eddy Grant, The Rolling Stones, Adele, Rihanna, Sinead O’Connor‘s estate and Aerosmith‘s Steven Tyler are among the artists who’ve objected to use of their songs at political rallies since Trump first ran for president in 2015.

Hayes died Aug. 10, 2008, at the age of 65. For the “Theme from Shaft,” he was awarded the Oscar for best original song in 1972, making him just the third Black person, after Hattie McDaniel and Sidney Poitier, to win an Academy Award in any competitive field.

Hayes and David Porter wrote “Hold On, I’m Coming,” which was recorded by soul duo Sam & Dave and issued on the Stax label in 1966, peaking at No. 21 on the Billboard Hot 100….

As with the “Electric Avenue” matter, immediately below, we will now cover this one closely. What a putz the Tangerine is. Onward, grinning just the same — with “Wolverine and Deadpool” on tap, tonight!

नमस्ते

Hinderaker Tells Us “Population Explosion” In Africa(!) Is The Defining Issue Of… WHAT?!

And, old, embittered John returns to his xenophobic tropes, tonight — sensing that Tangerine is rapidly sinking the GOP ship, holing it below the waterline — for November 2024.

So… he and his fellow hard right Klanners ask “what to do?

Demonize some faceless “others” — as why we need 19th Century / Jim Crow reinstituted, of course!

Note that his main “demon” (now, as the ‘24 vote slips away) is Black Africans — not even “brown people” / Latinos. Damn!

Here’s the Hinderaker nonsense (but he’s… too late, already):

[T]he population explosion now occurring in Africa is unprecedented in the history of the world. It will have consequences, even if we are prohibited from discussing them

All the pointy headed moron ever does… is burp on and on — about it.

He and his boys can’t even keep their own lies straight.

Isn’t it… amazing that the Powerline boys haven’t praised a single gold medalist — from the USA, in these summer games?

So much for… patriotism.

Charming. What do we notice, about the majority of our gold medalists?! Right:

🤴🏾 . 🫅🏾

Out.

So Tangerine — Most Charitably — Is An Increasingly Demented, Mentally-Infirm … Liar.

If he hadn’t threatened to sue the NYT, for printing the unassailable truth — this might have been only a silly footnote… about his endless need to lie.

But his threat led the NYT to call Mr. Brown (healthy at age 90!), who in turn called the Black politician (healthy at age 95!) actually in Trump’s helicopter in the late 1980s… and confirm that… Trump thinks all Black JobsTM look alike.

So, now it is NOT just how preposterous (and racist) his lie was — to try vainly to smear Kamala Harris about events of over 40 years past… it is the increasing sense that he cannot discern the truth, from all the lies he’s spun — over a half century’s worth.

It is… that his mind… is largely… gone. Exactly the false charge he leveled at Mr. Biden, now is daily being confirmed — about his own mental failings, from his own mouth — on live videotaped sessions.

We could assume he was lying about all of it — but were he even still a remotely-cunning liar, he’d have recognized that this lie is preposterous on its face — and would instantly be fact-checked.

So I, for one… am willing to credit some of his humiliation here to pure… demented codger-dom.

Not a good look — at all! — for the purported GOP / 1600 Penn. ’24 nominee.

Out.

“The Fire Next Time”? Sadly, This May Be A New Ebola Flare Up — In Bas-Uélé, DRC…

It will yet take several days, before more reliable DNA tests are returned, but this does look ominous — in the remote northern edge of DRC.

There are already seven suspected cases — and already five deaths. But the initial tests were on very low quality, contaminated samples, so the tests did not return a definitive result. I suspect we are entering the DRC’s sixteenth Ebola flare-up:

…From STAT’s Helen Branswell: The Democratic Republic of the Congo may have another Ebola outbreak on its hands. The World Health Organization told STAT it has been informed of seven suspected cases in Bas-Uélé, in a remote and difficult-to-access province in north-central DRC, along the border with the Central African Republic.

Of the seven, five have died. If this is confirmed to be Ebola, it would be the country’s 16th known outbreak and the 10th in the past decade….

As ever, once the cases are confirmed as ebola, ring vaccinations with the Merck conjugate will be critically important. But at the moment, we need to confirm that it is in fact the Zaire Ebola strain, with DNA analysis — otherwise the vaccine will be of little additional use.

Now you know. Onward… into the sunshine by the lake, here — with Blue Angels overhead later.

नमस्ते

Without Any Doubt, The Least Competent ’34 Act Company Team… I’ve Seen In 30 Years!

Former MAGA US Rep. Devin Nunes is CEO — so we would expect it would a be slip-shod affair, and mostly a grift operation. And it is (Nunes is also free to sell tons of his own stock after mid-September 2024).

But this, tonight, is simply jaw-slacking: DJT, the NASDAQ company that holds the Truth Social brands, decided to rush in a Friday night SEC Form 10-Q quarterly report, because its revenue is plummeting, by 30%, quarter to quarter, and its costs of operations are ballooning, and it wants this buried.

It was in such a rush, it FILED a document that specifically notes it is a draft — one to be reviewed as to key “risk factors” — by Trump’s LITIGATION counsel.

Obviously, that review never happened, because Footnote 4 on page 24 is still there — for the SEC and investing world to see:

TMTG’s success depends in part on the popularity of our brand and the reputation and popularity of President Donald J. Trump. The value of TMTG’s brand may diminish if the popularity of President Donald J. Trump were to suffer. Adverse reactions to publicity relating to President Donald J. Trump, or the loss of his services, could adversely affect TMTG’s revenues, results of operations and its ability to maintain or generate a consumer base. President Donald J. Trump is involved in numerous lawsuits and other matters that could damage his reputation.4

Additionally, TMTG’s business plan relies on President Donald J. Trump bringing his former social media followers to TMTG’s platform. In the event any of these, or other events, cause his followers to lose interest in his messages, the number of users of our platform could decline or not grow as we have assumed. To the extent users prefer a platform that is not associated with President Donald J. Trump, TMTG’s ability to attract users may decrease….

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4 NTD: To reviewed/updated as necessary by litigation counsel.….

Add to this the staggering losses… and it should be a blood-bath for DJT on the NASDAQ Monday. A bloodbath that is, unless the loony Tangerine reality distortion bubblists take hold, and pump this piece of dog crap.

Wow.

The whole operation is a grift, so that Trump may personally cash out his 67% stake in this loser come mid-September 2024 — before he loses the election, and its value then falls — to under a dime a share.

Wow.

Immaterial, Again — But Decidedly Encouraging News, For Merck: A New B-Cell Candidate, From Privately Held Curon Bio (China)…

This is good news. But it won’t likely move any “materiality” needles, any time soon.

And if I were a conspiracy theorist, I might wonder whether this in-China investment is in part an effort to smooth the waters with Pres. Xi, over the difficulties Merck’s Gardasil distributor in country is facing, regarding regulatory initiatives. But I am no conspiracy theorist. So, at face value — we will read this as potentially good news for patients suffering with non-Hodgkin’s lymphoma, and/or ALL. The best description of the news appears in Merck’s own press release of earlier in the morning, thus:

…Merck, through a subsidiary, has agreed to acquire CN201, a novel investigational clinical-stage bispecific antibody for the treatment of B-cell associated diseases.

“We continue to identify opportunities to expand and diversify our pipeline,” said Dr. Dean Y. Li, president, Merck Research Laboratories. “Early clinical data have provided robust evidence for the potential of CN201 to target and deplete circulating and tissue B cells with the potential to treat a range of malignant and autoimmune diseases.”

Under the terms of the agreement, Merck through a subsidiary will acquire full global rights to CN201 for an upfront payment of $700 million in cash. Curon is also eligible to receive up to $600 million in milestone payments associated with the development and regulatory approval of CN201.

CN201 is currently being evaluated in Phase 1 and Phase 1b/2 clinical trials for the treatment of patients with relapsed or refractory non-Hodgkin’s lymphoma (NHL) and relapsed or refractory B-cell acute lymphocytic leukemia (ALL), respectively. Preliminary data suggest CN201 has activity in patients with relapsed or refractory B-cell hematologic malignancies and is well tolerated, with the potential to induce significant and sustained reductions in B-cell populations. Merck plans to evaluate CN201 as a treatment for B-cell malignancies as well as investigate its potential to provide a novel, scalable option for the treatment of autoimmune diseases….

Onward to a busy, fun filled weekend — parties a-go-go for little ones… etc. Grin.

नमस्ते

Another Day; Another Trump Con Crypto-Coin Scandal. Ugh.

Y A W N.

These jamokes are all con men — and they run with… con men.

First it was Barron. Or… NOT Barron — the notorious felon, Martin Shkreli. Though the record is muddy on all of that.

Now it is Eric.

Or, after it shot to $155 million and fell 95% in hours, Eric says it is NOT Eric.

And months ago, it was Jr., and apparently, Tangerine with an NFT.

It truly doesn’t matter who specifically is lying. They all are fleecing the public.

As I said before — imagine Ike hawking “collectible” lil green soldiers?!?

Never. Never ever — for his (or his buddies’) personal grift?!?

Wow. This is the GOP’s “best and brightest”.

It would be fair to assume that they know they are going to lose, and now they are just lining their pockets — on their way out the door….

Yikes.

Merck Sees A Second Futility Outcome, In TIGIT Agents For Hard To Treat Lung Cancers…

And this likely explains the quick pivot we mentioned a couple days ago, in moving the Harpoon candidate into the Daiichi venture lineup. Looking for more avenues to address this high burden cancer, that in the main has been impervious to Merck’s Keytruda (and combos). Meanwhile Roche’s Tecentriq has seen some efficacy in similar cancers, in combination with other agents.

So — more granularity on how we may see the evolution of SCLC treatments unfold, in the years ahead. Still not quite material news — but inching toward it. Here’s an excellent explainer this morning, from FierceBioTech:

…The action is the second big blow to Merck’s work on TIGIT, a target that has underwhelmed across the industry, in a matter of months. The earlier blow arrived in May, when a higher rate of discontinuations, mainly due to “immune-mediated adverse experiences,” led Merck to stop a phase 3 trial in melanoma. Immune-related adverse events have now proven to be a problem in two of Merck’s phase 3 TIGIT trials.

Merck is continuing to evaluate vibostolimab with Keytruda in three phase 3 non-SCLC trials that have primary completion dates in 2026 and 2028. The company said “interim external data monitoring committee safety reviews have not resulted in any study modifications to date.”

Merck has other shots on goal in SCLC. The drugmaker’s $4 billion bet on Daiichi Sankyo’s antibody-drug conjugates secured it one candidate. Buying Harpoon Therapeutics for $650 million gave Merck a T-cell engager to throw at the tumor type. The Big Pharma brought the two threads together this week by partnering the ex-Harpoon program with Daiichi….

Now you know. And to be sure, Merck’s Keytruda will be — and remain — a $25 billion plus a year treatment of choice in many other cancers, no matter how these hard to treat lung studies come out.

Onward, with elder baby girl visiting all day, today — and the men’s 200M final tonight — will watch it tape delayed (since I’m out of pocket); but still good. Smile.

नमस्ते

Hinderaker Tells The World Why Tangerine Will Now Lose, In 90 Days — Just Like 2020!

Tonight, Hinderaker makes Harris/Walz an “even money” bet to beat Tangerine.

I think he’s kidding himself. It’s 70-30, with Harris/Walz favored.

Tangerine has lost it. He now suffers multiple, daily melt-downs, about wholly irrelevant matters, when speaking in public — on camera, for the world to see. He yammers on for 20 minutes at a clip, about trivial and largely only perceived slights — of over a decade past.

In sum, in the renewed race — he’s become the befuddled cantankerous bitter old whyte dude he tried to make Mr. Biden out to be.

And then he spends time hawking everything from bobble-head dolls, to tennis shoes to posters… to largely fraudulent crypto- Sh!tcoins with his imprints.

The guy has…lost it. Even John sez so:

[C]an [Harris] be defeated by a disorganized and undisciplined Donald Trump? I doubt it.

Trump needs to get on his game, or he is likely to lose….

That ship has already sailed. Trump has no… remaining game. He’s DOA.

Cheers, John.

The Gardasil® / China Inventory Build Up… Seems Due To Xi’s Renewed Efforts To “Crack Down” On In-Country Distributors’ Profits — In Pharma…

As many regular readers well-know, Merck’s “In-China” distributor for vaccines is the company imaged at top right of the graphic, called Chongqing Zhifei Biological Products Co. [I won’t bore you with the Kanji version of the name — but we’ve covered the franchise since 2008 (just search “Gardasil®” above left).]

Well, it seems that company has been in discussions with state actors in China (Xi’s people), about what is regarded as too high a middleman’s markup, on the Rahway HPV vaccine. That in turn has led to hospital (and other provider) customers slowing stock-up orders, for Chinese consumers.

And it is not at all clear whether Xi intends to try to nationalize the entire pharma distribution chain/effort, or whether he just wants price breaks — for government-affiliated purchasers (which would be essentially… all wholesale purchasers in China). But it is slowing down the restocking Merck usually sees by mid-year in the country. To be clear, this isn’t likely to materially affect Merck’s full year profitability, though (if it persists) it may trim about ~$1 billion — from the ~$63 billion in full year expected sales revenue, for the whole company (net of currency translations). Here’s what’s known so far (courtesy BioSpace) — which is to say… not much is really known:

…On the earnings call, Merck CFO Caroline Litchfield said there was a “significant step down” in shipments from its distributor in China, causing “above-normal inventory levels” of Gardasil. The vaccine’s Chinese distributor, Chongqing Zhifei Biological Products Co., had apparently sold less of the HPV vaccine than in past quarters….

Zhifei, specializes in producing and distributing medicines, particularly vaccines. Zhifei and Merck struck a deal back in 2012 to distribute Gardasil in China, with Zhifei contracting to buy specific amounts of the vaccine, Fierce Pharma reported. Zhifei inked another contract last year to distribute five of Merck’s vaccines, including Gardasil, until 2026, in a deal worth over $14 billion, according to Yicai Global.

Merck CEO Robert Davis said on the earnings call that based on the intelligence that the company gathered, Gardasil’s sales have been affected by China’s anti-bribery and anti-corruption drive. Last year, China started a wide-scale anti-corruption campaign targeting hospitals, the pharmaceutical industry and insurance companies….

But as ever, China is an… enigma. The mountains are high, and the Emperor is very far away. That is, just as China officially banned Bitcoin mining over three years ago, as a waste of electricity (a state resource)… many studies place China as the No. 1 Bitcoin mining producer, to this day — and accelerating. [The electricity is being tapped “before it reaches any reported metering” that the government in Beijing could monitor.] One can never tell if it is all just state-affiliated actors driving out all non-party competitors.

And that could be the case here — Gardasil has long been a very robust seller in China, as people there are more likely to see long term effects, from any untreated HPV. [No one can be sure why, that is so — but it does look like there maybe some genetic components — of particular suseptibility.] So longer term, Xi will be a buyer of the vaccine — even if the channel of distribution is being “reformed”. Onward. More — if and when we get more granular clarity. But it should not deeply impact the NYSE trading prices. Cheers.

नमस्ते