Published: March 19, 2010
BioDelivery Sciences Files Annual Report 10-K and Complies with Nasdaq Marketplace Rule 5250(b)(2)
RALEIGH, N.C. - (BUSINESS WIRE) - BioDelivery Sciences International, Inc. (Nasdaq:BDSI) has filed its
Annual Report with the U.S. Securities and Exchange Commission on Form
10-K for the fiscal year ended December 31, 2009. Such Form 10-K is
available on the SEC's website at www.sec.gov.
In addition, and in compliance with Nasdaq Marketplace Rule 5250(b)(2),
the company disclosed a going concern qualification from its independent
registered public accounting firm, Cherry, Bekaert & Holland, L.L.P.
Nasdaq Rule 5250(b)(2) requires the separate disclosure of an audit
opinion that contains a going concern qualification. Under current
guidance, a going concern qualification means that, in the opinion of
the auditing firm on the day they render their opinion, the company may
not have sufficient cash and other resources available to run the
business for the next twelve to fifteen months. Although BDSI had more
than $23 million in cash on hand as of December 31, 2009, the going
concern qualification was anticipated by the company given the company's
strategic plan that calls for more aggressive spending in support of its
product pipeline in 2010 and beyond.
"We believe that the going concern opinion is driven more by the
requirements of the accounting rules as opposed to what we believe are
the promising prospects for our company," stated Dr. Mark A. Sirgo,
President and Chief Executive Officer of BDSI. "Although we now have a
product on the market and significantly more cash on hand than we did a
year ago, similar to last year, the going concern opinion was
anticipated and not uncommon for maturing companies like ours with
products in development. As a result of our efforts, we are hopeful to
have three product candidates entering Phase 3 trials in early 2011,
including: (1) BEMA Buprenorphine (low dose) for chronic pain; (2) BEMA
Buprenorphine (high dose) for the treatment of opioid dependence; and
(3) BEMA Granisetron for the prevention of cancer therapy induced nausea
and vomiting. At this time, our main recurring revenue source is from
royalties we receive on our marketed product ONSOLIS, which only
recently launched in the U.S. It is still too early in the launch cycle
to allow for a consistent or precise forecasting of our revenue,
especially given the current regulatory landscape which we have
previously outlined. Regardless, we have always maintained that our
ONSOLIS royalties will not alone fund our strategic plan for developing
our pipeline of products and growing our company; rather we believe that
ONSOLIS will allow for a sound foundation around which we can grow the
company."
Dr. Sirgo continued, "From a revenue perspective, in addition to
royalties from sales of ONSOLIS in the U.S. in 2010 and into 2011, we
also anticipate a $5 million milestone from our commercial partner Meda
in conjunction with the approval and launch of ONSOLIS in Europe,
royalties from sales of ONSOLIS that we expect to commence following
launches in the E.U. and Canada, and the potential for a significant
upfront payment related to a BEMA Buprenorphine commercial partnership.
We believe that the achievement of these milestones will allow us to
continue to build value for our stockholders."
About BioDelivery Sciences International
BioDelivery Sciences (NASDAQ: BDSI) is a specialty pharmaceutical
company that is leveraging its novel and proprietary patented drug
delivery technologies to develop and commercialize, either on its own or
in partnerships with third parties, new applications of proven
therapeutics. BDSI is focusing on developing products to meet unmet
patient needs in the areas of pain management and oncology supportive
care. BDSI's pain franchise currently consists of two products utilizing
the Company's patented BEMA buccal soluble film technology. ONSOLIS
(fentanyl buccal soluble film) was approved by FDA on July 16, 2009, for
the management of breakthrough pain in patients with cancer, eighteen
years of age and older, who are already receiving and who are tolerant
to opioid therapy for their underlying persistent cancer pain. The
commercial rights to ONSOLIS are licensed to Meda AB. Our second pain
product, BEMA Buprenorphine, is in Phase 2 clinical development for the
treatment of chronic pain, and in a higher dose formulation for the
treatment of opioid dependence. Additional product candidates are being
developed utilizing the BEMA technology for conditions such as
nausea/vomiting (BEMA Granisetron) and migraine (BEMA "Triptan" ). The
Company is also working with its patented Bioral cochleate technology to
facilitate oral dosing of drugs that would otherwise require intravenous
administration. The first product under development using the technology
is Bioral Amphotericin B. The Company's headquarters is located in
Raleigh, North Carolina. For more information please visit www.bdsi.com.
BDSI, BEMA® and Bioral® are registered
trademarks of BioDelivery Sciences International, Inc. ONSOLIS
is a registered trademark of Meda Pharmaceuticals, Inc.
Cautionary Note on Forward-Looking Statements
This press release and the statements of representatives and partners of
BioDelivery Sciences International, Inc. (the "Company" ) related thereto
contain, or may contain, among other things, certain "forward-looking
statements" within the meaning of the Private Securities Litigation
Reform Act of 1995. Such forward-looking statements involve significant
risks and uncertainties. Such statements may include, without
limitation, statements with respect to the Company's plans, objectives,
projections, expectations and intentions and other statements identified
by words such as "projects," "may," "could," "would," "should,"
"believes," "expects," "anticipates," "estimates," "intends," "plans,"
or similar expressions. These statements are based upon the current
beliefs and expectations of the Company's management and are subject to
significant risks and uncertainties, including those detailed in the
Company's filings with the Securities and Exchange Commission. Actual
results (including, without limitation, the results of the Company's
strategic initiatives, actual cash flow and other financial results, and
the Company's ability to address its going concern qualification) may
differ significantly from those set forth in the forward-looking
statements. These forward-looking statements involve certain risks and
uncertainties that are subject to change based on various factors (many
of which are beyond the Company's control). The Company undertakes no
obligation to publicly update any forward-looking statements, whether as
a result of new information, future events or otherwise, except as
required by applicable law.

ICR, Inc.
Donald Ellis
925-253-1240
donald.ellis@icrinc.com
or
BioDelivery
Sciences International, Inc.
Al Medwar
Vice President,
Marketing and Corporate Development
919-582-9050
amedwar@bdsi.com
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