Eric I. Richman
Analyst · Noble Financial
Thank you, Stacey, and good afternoon, everyone. Thank you for joining us today for PharmAthene's Third Quarter Update Call. During the quarter, we made steady progress toward meeting our business and financial objectives and continued to be well-positioned to meet our near-term goals, which includes to mitigate complete response to the FDA regarding the clinical hold notification for SparVax and moving towards final resolution in the litigation with SIGA, which I will touch on in more detail in a moment. During the quarter, we also received positive news that the Department of Defense had exercised its option to accelerate funding for our BChE bioscavenger program, which continues to make solid progress. And finally, we have significantly strengthened our financial position, as Linda will address. Before we discuss our programs, I'd like to take a moment to briefly update you on the status of the SIGA litigation. Following issuance of the final judgment by the Delaware Chancery Court on May 31, SIGA filed an appeal with the Delaware Supreme Court in June. We filed our own motion to cross-appeal in response to this action. At this point, all legal briefs pertaining to the appeal have been submitted and the Delaware Supreme Court has set a date to hear oral arguments on January 10, 2013. As you know, in its final judgment, the Delaware Court of Chancery ordered PharmAthene 50% of the net profits over a period of 10 years from all sales of SIGA's smallpox antiviral therapeutic, ST-246, and related products, after SIGA receives the first $40 million in net profits. In its third quarter conference call yesterday, SIGA said again that it anticipates initial deliveries of ST-246 to the government, will commence in the first quarter of 2013. Should the Delaware Supreme Court uphold the Chancery Court's final ruling, PharmAthene could potentially realize significant near-term revenue. Prior to SIGA's appeal, the Delaware Chancery Court has ruled 4 separate times in favor of PharmAthene. First in 2008, denying SIGA's motion to dismiss, and then in 2010, denying their motion for summary judgment, culminating with the September 2011 judgment favorable to PharmAthene, and finally, in December 2011, denying SIGA's motion for reargument. We are pleased that we are entering the final stages of this extended legal case. We remain confident in the merits of our case and in the final decision of the Chancery Court. Based on the timing of the Delaware Supreme Court decisions, we expect a ruling from the high court no later than the second quarter of 2013. Now turning to our SparVax program, removing the clinical hold is the top priority for our company. I'm pleased to say that we have worked expeditiously to address the FDA's request for additional information related to our proposed Phase II clinical trial, and we intend to submit a complete response at the FDA shortly. We are presently in communication with the FDA to ensure that our response is as comprehensive as possible. As such, the actual timing of the submission may be subject to near-term FDA feedback. The FDA has requested that we provide additional stability data on the product and more information on the stability-indicating assays. We have been in close contact with the -- with both FDA and BARDA throughout this process. As I've previously stated, we intend to submit a complete response to the FDA shortly and after their review, we will be in a better position to determine the clinical path for SparVax. I'd now like to turn the call over to Dr. Arthur Elliott to discuss recent program developments. As we recently announced, Art, who has been a scientific advisor to the company since June of 2011, has assumed the position of Acting Chief Scientific Officer, following the departure of Dr. Tom Fuerst. I am pleased to welcome Art to this position. In 2006, he joined the Department of Health and Human Services, and most recently served as a branch chief for BARDA, where he was responsible for the U.S. government's anthrax vaccine portfolio. Prior to that, he led the avian influenza pandemic preparedness program for HHS, a joint industry, inter-agency collaboration, to accelerate the production of stockpiling of pandemic influenza vaccine for the Strategic National Stockpile. Prior to joining HHS, he spent 16 years with Merck & Co. where he oversaw the manufacturing and registration of all biological products sold by Merck. I'll now turn it over to Art for his remarks.