Between December 4 and December 17, 2008, John Malone, a director and major shareholder of Discovery Communications Inc., sold 953,506 shares of Discovery’s Series C stock and purchased 632,700 shares of Series A stock. Series A and Series C were separately registered, separately traded, nonconvertible securities. Series A holders had voting rights, while Series C holders did not. Michael Gibbons, a Discovery shareholder, filed suit under Section 16(b) of the Securities Exchange Act of 1934 seeking the recovery for Discovery of Malone’s $313,573 of profits from the purchase and sale of Discovery’s registered securities. Was Gibbons successful?