Quote from Hello_Dollars:
Thanks, Mav. That's a good idea. I went ATM simply because I lacked any sense of where this thing might go over the next 2-3 weeks and saw a ton of O.I. at the 40 strike. Also, based on what I read, I was under the impression that the FDA decision was expected to come down in the next few weeks, but that that wasn't a certainty. But your scenario sounds very plausible and you very likely could be privy to more info on this one than me.
Two related alternatives come to mind as well. One is to put on two OTM flys each, say, 2 strikes OTM to cover both outcomes. Obviously, the downside for the increased probability is the lower profit potential. A second variation, which is what I did with TASR, is to string several flys together to create a long condor (though my TASR one is asymetrical). But again, it's the same trade-off.
So all things being equal, I'd rather just go with a single cheap fly and hope to get lucky with the strike (i.e. RIMM). And who knows. A few more days like today, and the 40 strike could soon be 10 points OTM anyway!