"Between December 4 and December 17, 2008, John Malone, a director and major shareholder of Discov-ery Communications Inc., sold 953,506 shares of Dis-covery's SeriesC stock and purchased 632,700 shares of Series A stock. Series A and Series C were sepa-rately registered, separately traded, nonconvertible securities. Series A holders had voting rights, while Series C holders did not.Michael Gibbons,a Discov-ery shareholder, filed suit under Section16 (b)of the Securities Exchange Act of 1934 seeking the recovery for Discover yof Malone's $313,573 of profits from the purchase and sale of Discovery's registered securities.Was Gibbons successful?"