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Hims & Hers falls after a court ruling on a drug it never sold

The ruling on a drug similar to one Hims & Hers sold dims the hope that a judge could allow the company to keep selling copycat Ozempic and Wegovy.

J. Edward Moreno

Hims & Hers shares fell Thursday after more news poured in continuing to drive the point home that the tele-pharmacy likely cant count on selling a significant amount of copycat Ozempic and Wegovy.

A federal judge ruled in favor of the Food and Drug Administration late Wednesday, ordering copycat pharmacies to stop selling exact versions of Zepbound and Mounjaro, popular GLP-1 weight-loss drugs made by Eli Lilly. Compounding pharmacies can only sell exact copies of a drug while it’s in a shortage.

Hims & Hers has never sold compounded tirzepatide, the active ingredient in Eli Lillys drugs. It does sell compounded semaglutide, the active ingredient in Novo Nordisk’s weight-loss drugs Ozempic and Wegovy, though it said it will stop after May 2025.

That ruling was in a lawsuit filed by the Outsourcing Facilities Association, a trade association representing compounding pharmacies, which argued that the FDAs abrupt order to cease compounding tirzepatide after it was removed from the shortage list in October was reckless and arbitrary. But the OFA has also filed a parallel lawsuit against the FDA over its removal of semaglutide from the shortage list on February 21.

Both cases are before Judge Mark T. Pittman of the US District Court for the Northern District of Texas, suggesting OFA may get a similar result in the case regarding semaglutide. The ruling dims any glimmer of hope that a judge could somehow allow Hims & Hers to continue selling copycat Ozempic and Wegovy.

Hims & Hers shares have fallen more than 46% since semaglutide was taken off the shortage list. On Wednesday, the company took a hit after Novo Nordisk announced that it would offer Wegovy to uninsured patients at a discounted rate.

Hims & Hers has said its game plan moving forward is to sell Novo Nordisk’s older, less effective GLP-1 drugs and oral medications. The tele-pharmacy sells other generic drugs for erectile dysfunction, hair loss, and mental health conditions.

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A potential Netflix purchase of Warner Bros. streaming and studio assets is causing headaches for investors, per Morgan Stanley

On the surface, it’s easy to see why Netflix would be interested in bidding for Warner Bros. Discovery’s studio and streaming assets: the opportunity to add iconic franchises like DC Comics, Harry Potter, and “The Lord of the Rings, as well as legions of HBO original shows that have stood the test of time.

However, the introduction of all this content, much of which has traditionally generated revenue in ways that Netflix does not, might be adding too many tentacles for even the creator of Squid Games to effectively manage, per Morgan Stanley, which also notes that it’s questionable if regulators would agree to such a tie-up.

“While Netflix is the largest of the reported bidders by a factor, it may have the smallest synergy opportunity and perhaps the toughest regulatory path,” analyst Benjamin Swinburne wrote. “NFLX shares have been under pressure over concerns that a WB acquisition, if announced, would complicate the investment thesis, distract management, and/or dilute EPS.”

The other interested parties are Paramount Skydance and Comcast, per reports.

In short, a successful Netflix acquisition may see the streaming giant need to be able to raise prices and/or subscribers to make enough money from the acquired properties under its distribution umbrella as it veers away from how these assets have made bank, oftentimes through theaters and third-party distribution.

This introduces many “strategic questions,” as Swinburne wrote:

“If acquired, Netflix could choose to shift all theatrical distribution at Warner Bros. to direct release on Netflix, believing that it can generate more value by keeping these films exclusive to Netflix rather than monetizing in other windows — including theatrical. Over time, it could similarly exit the third-party licensing business and distribute all TV series produced by Warner Bros. studios on its own platform.

Such a transition would take time, as TV distribution is built on run-of-series agreements and multi-year licensing deals and talent relationships would likely require some in-production films to still see theatrical distribution. Long-term, however, this kind of business model pivot would put downward pressure on the earnings power of the acquired businesses, which would need to be recouped through faster growth at core Netflix to justify the acquisition price, if a deal were to be announced.

If Netflix were to announce a bid for WB, HBO could bring some similar strategic questions for Netflix. For example, Netflix could shut the service down and shift all content, both originals and licensed, onto Netflix. That would be walking away from nearly $2bn of adj. EBITDA, but Netflix may feel the content can be better monetized on core Netflix.”

Congressman Darrell Issa has written to the attorney general expressing antitrust concerns over the potential for Netflix to purchase Warner Bros. studio and streaming properties, writing that it “currently wields unequaled market power,” adding that these assets would “further enhance this position” to a level “traditionally viewed as presumptively problematic under antitrust law.”

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OpenAI launching Target app in ChatGPT

OpenAI has announced a partnership to integrate Target’s app into ChatGPT and enable a “curated, conversational shopping experience,” according to the press release. The sprinkle of AI fairy dust helped the retail giant to regain most of the losses it saw in premarket trading Wednesday after a disappointing earnings report earlier in the morning.

OpenAI previously announced similar partnerships with Walmart, Shopify, and Etsy.

But per a YouGov survey published this summer, Americans still have reservations about using AI to help them shop.

OpenAI previously announced similar partnerships with Walmart, Shopify, and Etsy.

But per a YouGov survey published this summer, Americans still have reservations about using AI to help them shop.

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Oklo surges after signing contract with Siemens Energy to accelerate progress of its advanced fission power plant

Oklo is soaring in early trading after the nuclear energy company signed a binding contract with Siemens Energy for steam turbine and generator systems to advance its nuclear power plant.

As part of the agreement, Siemens Energy will “begin engineering and design work to expedite procurement of long-lead components and initiate the manufacturing process for the power conversion system” for the Aurora powerhouse, a brand of advanced fission power plant under construction at the Idaho National Laboratory.

Building and getting power plants up and running is a necessary prerequisite for Oklo to shed its label as a “zero revenues” company as it aims to meet the growing need for power spurred by the AI boom.

Per the press release, “This contract with Siemens Energy for the power conversion system helps to de-risk supply chain and production timeline challenges and demonstrates concrete execution capability.”

Shares of Oklo lost nearly half their value from mid-October through mid-November as part of a broad downturn in speculative stocks.

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Unity surges on partnership with its biggest development rival, “Fortnite” maker Epic Games

Epic and Unity Software, two fierce game development rivals, have announced a partnership to bring games made on Unity’s engine to “Fortnite.” Unity shares surged on the announcement.

Epic has made an effort in recent years to become more of a platform, filled with user-created islands similar to Roblox. Epic CEO Tim Sweeney told the Verge that the Unity partnership will “greatly expand the developer base.”

According to the announcement, developers will have the ability to publish Unity games on “Fortnite” and become a part of the game’s creator economy.

“Just like the early days of the web, we believe that companies need to work together in order to build the open metaverse in a way that’s interoperable and fair,” Sweeney said in a statement.

At the end of last year, Epic said it had 70,000 creators that had made 198,000 islands. Unity’s more than 1.2 million monthly active users have the potential to vastly expand those numbers. Shares of Roblox fell following the news, trading down more than 6% on Wednesday.

According to the announcement, developers will have the ability to publish Unity games on “Fortnite” and become a part of the game’s creator economy.

“Just like the early days of the web, we believe that companies need to work together in order to build the open metaverse in a way that’s interoperable and fair,” Sweeney said in a statement.

At the end of last year, Epic said it had 70,000 creators that had made 198,000 islands. Unity’s more than 1.2 million monthly active users have the potential to vastly expand those numbers. Shares of Roblox fell following the news, trading down more than 6% on Wednesday.

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Brookfield launches $100 billion AI infrastructure program with Nvidia and Kuwait’s sovereign wealth fund as investors and founding partners

Brookfield is launching an Artificial Intelligence Infrastructure Fund with the goal of buying up to $100 billion in (as the name suggests) AI infrastructure assets “across every stage of the value chain — from energy and land to data centers and compute.”

The fund hopes to raise $10 billion in equity, and has already received $5 billion in capital commitments from the parent company, Nvidia, and the Kuwait Investment Authority (the nation’s sovereign wealth fund).

“BAIIF will prioritize investments backed by highly creditworthy counterparties and contracted cash flows,” per the press release.

The four areas of physical infrastructure the fund will focus on are:

  • AI factories primarily built on Nvidia’s DSX Vera Rubin-ready reference design;

  • Dedicated behind-the-meter power solutions (that is, power generation installed on-site rather than drawing from the grid);

  • Compute infrastructure including integrated solutions tailored for governments and leading global enterprises (read: Nvidia GPUs as part of a bundled full-stack offering provided by Brookfield); and

  • Strategic adjacencies and capital partnerships across the entire AI value chain (or, anything else in the AI supply chain worth being a part of).

Again, like in Tuesday’s partnership between Anthropic, Microsoft, and Nvidia, there’s a bit of circularity in the deal: Nvidia invests money that will be used to invest in projects that utilize its GPUs.

Brookfield pointed to its recent $5 billion pact with Bloom Energy, which sees the fuel cell company become the preferred on-site power provider for Brookfield’s global AI factories, as an example of a project this fund would look to back.

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