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Javelin Pharmaceuticals Reports Fiscal Results for the Year Ended 2009

CAMBRIDGE, Mass., Mar 09, 2010 (BUSINESS WIRE) -- Javelin Pharmaceuticals, Inc. (NYSE - Amex: JAV) recently reported its audited financial results for the full year and quarter ending December 31, 2009.

Corporate Highlights:

-- On January 15, 2009 Javelin entered into an exclusive European marketing partnership for Dyloject(TM) with Therabel N.V., worth up to $71.0 million, including $7 million upfront, future milestone payments and royalties on sales.

-- On June 15, 2009 Javelin announced that a study showed Dyloject was well tolerated in patients with impaired renal and hepatic function.

-- On June 23, 2009 Javelin announced that it had completed a large open label safety study of Dyloject.

-- On December 2, 2009, Javelin submitted its NDA for Dyloject and was successfully accepted for filing with the US FDA on February 2, 2010. Dyloject has received a PDUFA date of October 3, 2010.

-- On December 18, 2009, Javelin entered into a definitive merger agreement with Myriad Pharmaceuticals, Inc. (Nasdaq: MYRX). Additional information relating to the transaction can be found by accessing the registration statement on Form S-4 (File No. 333-164890) filed by Myriad Pharmaceuticals, Inc. with the SEC.

Financial Highlights for the Year Ended December 31, 2009:

-- Ended the year with $0.77 million in cash, and cash equivalents.

-- Total revenues for the year ended December 31, 2009 were $3.8 million compared to $1.1 million for the same period a year ago. For the three months ended December 31, 2009 total revenues were $.3 million compared to $.5 million in 2008.

-- Partner revenue was $3.6 million in 2009 as a result of our January 2009, EU marketing partnership with Therabel. There were no partner revenues in 2008. Partner revenue was $.3 million in the quarter 2009. There were no partner revenues in the fourth quarter of 2008.

-- Product revenues for the year ended December 31, 2009 were $.188 million and $1.1 million for the same period in 2008. For the three months ended December 31, 2009 there were no product revenues compared to $.5 million for the same period in 2008.

-- Net loss decreased to approximately $37.6 million, or $0.62 per share, for the 12 months ended December 31, 2009, from $43.5 million, or $0.77 per share, for the same period in 2008. Net loss decreased to approximately $8.1 million, or $0.13 per share, in the fourth quarter of 2009, from $13.8 million, or $0.23 per share, in the fourth quarter of 2008.

-- Javelin incurred approximately $41 million in total operating expenses for the full year ending December 31, 2009 compared to $45 million in the prior year. For the three months ended December 31, 2009 operating expenses were $8.4 million compared to $14 million for the same period in 2008.

-- Cost of product revenues for the year ended December 31, 2009 was approximately $3.0 million compared to $.85 million for the same period in 2008. For the three months ended December 31, 2009 cost of product revenues were $.08 million compared to $.4 million for the same period a year ago.

-- Research and development expenses decreased to $24.5 million for the year ended December 31, 2009 from $26.8 million for the same period in 2008. For the three months ended December 31, 2009, research and development expenses were $3.2 as compared to $9.8 million for the same period a year ago.

-- Reported non-cash stock based compensation expense for the year ended December 31, 2009 was approximately $5.4 million, or $0.09 per share impact on operations, compared to $3.3 million, or $0.06 per share impact on operations for 2008.

Selected Financials

JAVELIN PHARMACEUTICALS, INC
(A Development Stage Enterprise)
CONDENSED CONSOLIDATED BALANCE SHEETS
December 31, December 31,
2009 2008
Assets
Current assets
Cash and cash equivalents $ 767,484 $ 20,057,937
Accounts receivable, product sales - 470,288
Inventory - 1,847,904
Prepaid expenses and other current assets 601,708 511,820
Total current assets 1,369,192 22,887,949
Long term marketable securities available-for-sale - 1,586,910
Fixed assets, net 551,330 1,195,670
Intangible assets, net of accumulated amortization 2,892,037 3,480,248
Other assets 143,149 154,918
Total assets $ 4,955,708 $ 29,305,695
Liabilities and Stockholders' Equity (Deficit)
Current liabilities
Accounts payable and accrued expenses $ 6,384,533 $ 8,119,006
Deferred revenue, current 1,204,301 -
Deferred lease liability 391,475 513,519
Total current liabilities 7,980,309 8,632,525
Deferred revenue, noncurrent 4,716,846 -
Total liabilities 12,697,155 8,632,525
Commitments and contingencies - -
Stockholders' Equity (Deficit)

Preferred stock, $0.001 par value, 5,000,000 shares authorized; as of December 31, 2009 and 2008, none of which are outstanding

- -

Common stock, $0.001 par value; 200,000,000 shares authorized as of December 31, 2009 and 2008; 63,879,541 and 60,649,358 shares issued and outstanding as of December 31, 2009 and 2008, respectively

63,879 60,649
Additional paid-in capital 183,697,912 174,534,897
Other comprehensive income 6,935 10,383
Deficit accumulated during the development stage (191,510,173 ) (153,932,759 )
Total stockholders' equity (deficit) (7,741,447 ) 20,673,170
Total liabilities and stockholders' equity (deficit) $ 4,955,708 $ 29,305,695
JAVELIN PHARMACEUTICALS, INC
(A Development Stage Enterprise)
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
(Unaudited)
Three Months Ended Full Year Ended
December 31, December 31,
2009 2008 2009 2008
Revenues
Partner revenue $ 301,076 $ - $ 3,631,925 $ -
Product revenue - 490,261 188,172 1,101,613
Total revenues 301,076 490,261 3,820,097 1,101,613
Costs and expenses
Cost of product revenue 79,326 397,828 2,978,694 849,591
Research and development 3,168,822 9,787,316 24,488,994 26,830,617
Selling, general and administrative 5,094,638 3,819,359 13,248,593 17,219,518
Depreciation and amortization 76,904 86,948 322,042 293,509
Total costs and expenses 8,419,690 14,091,451 41,038,323 45,193,235
Operating loss (8,118,614 ) (13,601,190 ) (37,218,226 ) (44,091,622 )
Other income (expense):
Interest expense - - - -
Interest income 59 113,478 49,691 921,238
Other income (expense) 18,249 (279,055 ) (397,078 ) (276,241 )
Total other income (expense), net 18,308 (165,577 ) (347,387 ) 644,997
Loss before income tax provision (8,100,306 ) (13,766,767 ) (37,565,613 ) (43,446,625 )
Income tax provision 5,589 (6,924 ) 11,801 16,451
Net loss attributable to common stockholders $ (8,105,895 ) $ (13,759,843 ) $ (37,577,414 ) $ (43,463,076 )

Net loss per share attributable to common stockholders:

Basic and diluted $ (0.13 ) $ (0.23 ) $ (0.62 ) $ (0.77 )
Weighted average shares 62,706,276 60,402,537 61,029,991 56,184,146

About Javelin Pharmaceuticals, Inc.:

With corporate headquarters in Cambridge, MA, Javelin applies innovative proprietary technologies to develop new drugs and improved formulations of existing drugs to target unmet and underserved medical needs in the acute pain management market. The Company has one approved drug in the UK, a submitted NDA for Dyloject and two drug candidates in US Phase III clinical development. For additional information about Javelin, please visit the Company's website at http://www.javelinpharmaceuticals.com.

Javelin Pharmaceuticals, Inc. Forward Looking Statement

This press release contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995, including statements relating to the expected timing of results and development of our drug candidates, the proposed merger between Javelin Pharmaceuticals, Inc. and Myriad Pharmaceuticals, Inc., and potential FDA approval and commercial launch of Dyloject. These "forward-looking statements" are based on management's current expectations of future events and are subject to a number of risks and uncertainties that could cause actual results to differ materially and adversely from those set forth in or implied by forward-looking statements. These risks and uncertainties include, but are not limited to: the risk that we may be unable to further identify, develop and achieve commercial success for new products and technologies; the risk that we may be unable to discover drugs that are safer and more efficacious than our competitors; the risk that we may be unable to develop and maintain manufacturing capabilities for our products; the possibility of delays in the research and development necessary to select drug development candidates and delays in clinical trials; the risk that clinical trials may not result in marketable products; the risk that we may be unable to successfully finance and secure regulatory approval of and market our drug candidates, or that clinical trials will not be completed on the timelines we have estimated; uncertainties about our ability to obtain new corporate collaborations and acquire new technologies on satisfactory terms, if at all; the development of competing products and services; the risk that we may be unable to protect our proprietary technologies; the risk of patent-infringement claims; risks of new, changing and competitive technologies and regulations in the United States and internationally; and other factors discussed under the heading "Risk Factors" contained in our Form 10-K, for the year ended December 31, 2009, which was filed with the Securities and Exchange Commission, as well as any updates to those risk factors filed from time to time in our Quarterly Reports on Form 10-Q or Current Reports on Form 8-K. All information in this press release is as of the date of the release, and Javelin Pharmaceuticals undertakes no duty to update this information unless required by law.

Important Additional Information Will Be Filed with the SEC

This press release does not constitute an offer of any securities for sale. In connection with the proposed merger between Javelin Pharmaceuticals, Inc. and Myriad Pharmaceuticals, Inc. On February 12, 2010, MPI filed with the SEC a registration statement on Form S-4 (File No. 333-164890) (the "S-4"). A preliminary joint proxy statement/prospectus of MPI and Javelin was included in the S-4 and copies of the final joint proxy statement/prospectus will be mailed to shareholders prior to special meetings of shareholders to be held to vote on the proposed merger and other proposals. Investors and security holders are urged to read the S-4 and the joint proxy statement/prospectus (including all amendments and supplements thereto) and the other relevant material because they contain important information about MPI, Javelin and the proposed transaction. The S-4, joint proxy statement/prospectus and other relevant materials, and any and all documents filed by MPI with the SEC, may be obtained free of charge at the SEC's web site at www.sec.gov. In addition, investors and security holders may obtain free copies of the documents filed with the SEC by MPI by directing a written request to Myriad Pharmaceuticals, Inc., 305 Chipeta Way, Salt Lake City, UT 84108, Attention: Secretary. Investor may also request free copies of the documents by directing a written request to Javelin Pharmaceuticals, Inc., 125 CambridegePark Drive, Cambridge, MA 02140, Attention: Secretary. INVESTORS AND SECURITY HOLDERS ARE URGED TO READ THE JOINT PROXY STATEMENT/PROSPECTUS AND THE OTHER RELEVANT MATERIALS BEFORE MAKING ANY VOTING OR INVESTMENT DECISION WITH RESPECT TO THE PROPOSED TRANSACTIONS.

Myriad Pharmaceuticals, Javelin and their respective executive officers and directors and other persons may be deemed to be participants in the solicitation of proxies from the stockholders of Myriad Pharmaceuticals and Javelin in connection with the proposed merger. Information about the executive officers and directors of Myriad Pharmaceuticals and their ownership of Myriad Pharmaceuticals common stock is set forth in Myriad Pharmaceuticals' annual report on Form 10-K for the year ended June 30, 2009, filed with the SEC on September 28, 2009. Information regarding Javelin's directors and executive officers is available in its annual report on Form 10-K for the year ended December 31, 2008, filed with the SEC on March 12, 2009, and the proxy statement for Javelin's 2009 annual meeting of stockholders, filed with the SEC on April 30, 2009. Certain directors and executive officers of Javelin may have direct or indirect interests in the merger due to securities holdings, pre-existing or future indemnification arrangements and rights to severance payments if their employment is terminated prior to or following the merger. If and to the extent that any of the Myriad Pharmaceuticals or Javelin participants will receive any additional benefits in connection with the merger, the details of those benefits will be described in the final joint proxy statement/prospectus relating to the merger. Investors and security holders may obtain additional information regarding the direct and indirect interests of Myriad Pharmaceuticals, Javelin and their respective executive officers and directors in the merger by reading the final joint proxy statement/prospectus regarding the merger

JAV-E

SOURCE: Javelin Pharmaceuticals, Inc.

Javelin Pharmaceuticals, Inc.
Stephen J. Tulipano, CPA, 617-349-4500
Chief Financial Officer
stulipano@javelinpharma.com
or
Javelin Pharmaceuticals, Inc.
Rick Pierce, 617-349-4500
VP Investor Relations
rpierce@javelinpharmaceuticals.com

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