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PHARMATHENE INC
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PharmAthene Announces Delaware Supreme Court Hears Oral Arguments In Its Litigation With SIGA Technologies

2013-01-10 14:40 ET - News Release

ANNAPOLIS, Md., Jan. 10, 2013 /PRNewswire/ -- PharmAthene, Inc. (NYSE MKT: PIP) announced that the Delaware Supreme Court heard oral arguments today related to both parties' appeal in the Company's on-going litigation against SIGA Technologies.  SIGA appealed the final judgment in favor of PharmAthene issued by the Delaware Court of Chancery on May 31, 2012, in which PharmAthene was awarded 50% of the net profits over a period of ten years from all sales of SIGA's smallpox antiviral therapeutic, Arestvyr™ (formerly ST-246®) and related products, after SIGA receives the first $40 million in net profits, as well as a portion of the Company's attorney's fees and other costs.   In response to SIGA's appeal, PharmAthene cross-appealed, challenging other aspects of the trial court's ruling.

"We are pleased to have concluded oral arguments before the Delaware Supreme Court, which represents the final stage before a ruling from the Delaware Supreme Court," commented Eric I. Richman, President and Chief Executive Officer. 

Under the Chancery's Court's May 31, 2012 final ruling, once SIGA earns $40 million in "net profits," PharmAthene shall be paid 50% of all net profits for a period from the date of entry of the Court's final order until ten years from "first commercial sale." SIGA recently reaffirmed guidance that it will begin sales to the U.S. government in the first quarter of 2013.  According to the ruling, the first commercial sale shall be deemed to have occurred following initial delivery of, and payment for, the product.  The Court also awarded PharmAthene $2.4 million to cover a portion of its legal fees and expert witness and other costs, along with interest at the legal rate from the date of the final order until payment is made. 

In 2011, the Biomedical Advanced Research and Development Authority (BARDA) awarded SIGA a base contract for the initial procurement of 1.7 million treatment courses of Arestvyr™. The five-year base contract award is valued at $433 million, of which approximately $412.5 million is for purchase of the product. 

A copy of the Court's final judgment in the case, as well as the initial opinion, is available on the Company's website at http://www.pharmathene.com/ under the "Investor Relations" tab.

About PharmAthene, Inc.

PharmAthene was formed to meet the critical needs of the United States and its allies by developing and commercializing medical countermeasures against biological and chemical weapons. PharmAthene's lead product development programs include:

  • SparVax™ - a second generation recombinant protective antigen (rPA) anthrax vaccine
  • Recombinant BChE- a novel bioscavenger for the prevention and treatment of morbidity and mortality associated with exposure to chemical nerve agents
  • Valortim® - a fully human monoclonal antibody for the prevention and treatment of anthrax infection

In addition, pursuant to a final judgment issued May 31, 2012 from the Delaware Court of Chancery, PharmAthene is entitled to 50% of the net profits over 10 years from all sales of SIGA Technologies' Arestvyr™ (formerly called ST-246®), a novel smallpox antiviral agent being developed by SIGA for the treatment and prevention of morbidity and mortality associated with exposure to the causative agent of smallpox, and related products, once SIGA receives the first $40 million in net profits from sales of Arestvyr™.  For more information about PharmAthene, please visit www.PharmAthene.com.

Statement on Cautionary Factors

Except for the historical information presented herein, matters discussed may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 that are subject to certain risks and uncertainties that could cause actual results to differ materially from any future results, performance or achievements expressed or implied by such statements.  Statements that are not historical facts, including statements proceeded by, followed by, or that include the words "potential"; "believe"; "anticipate"; "intend"; "plan"; "expect"; "estimate"; "could"; "may"; "should"; "will"; "project"; "potential"; or similar statements are forward-looking statements.  PharmAthene disclaims any intent or obligation to update these forward-looking statements other than as required by law.  Risks and uncertainties include risk associated with the reliability of the results of the studies relating to human safety and possible adverse effects resulting from the administration of the Company's product candidates, unexpected funding delays and/or reductions or elimination of U.S. government funding for one or more of the Company's development programs, the award of government contracts to our competitors, unforeseen safety issues, challenges related to the development, scale-up, technology transfer, and/or process validation of manufacturing processes for our product candidates, unexpected determinations that these product candidates prove not to be effective and/or capable of being marketed as products, as well as risks detailed from time to time in PharmAthene's Forms 10-K and 10-Q under the caption "Risk Factors" and in its other reports filed with the U.S. Securities and Exchange Commission (the "SEC").  In particular, PharmAthene has not verified independently any of the statements or estimates previously made by SIGA with respect to the timing of sales, the value of the market or with respect to final orders from the US government. Accordingly, no assurances can be given with respect to the accuracy or attainability of any of such estimates.  Further, there is significant uncertainty regarding the level and timing of sales of Arestvyr™ and when and whether it will be approved by the U.S. FDA and corresponding health agencies around the world. We cannot predict with certainty when SIGA will commence delivering any product or will begin recognizing profit on the sale thereof and there can be no assurance that any profits received by SIGA and paid to us will be significant. Furthermore, SIGA there can be no assurances that the decision of the Chancery Court will not be reversed or that the remedy will not otherwise be modified upon appeal. In addition, we cannot predict how long the appeal could delay the receipt of payments, if any, from SIGA. Copies of PharmAthene's public disclosure filings are available from its investor relations department and our website under the investor relations tab at www.PharmAthene.com.  

SOURCE PharmAthene, Inc.

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