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August 15, 2002 - Carlsbad, CA and Cambridge, MA - Isis Pharmaceuticals,
Inc. (NASDAQ: ISIS) and Hybridon (OTC Bulletin Board: HYBN)
announced today the cancellation of the remaining financial obligations
related to their Collaboration and License Agreement that the companies
completed in May 2001. Under the original agreement, Hybridon owed Isis
an additional 4 million shares of Hybridon common stock, payable immediately.
Isis owed Hybridon $4.5 million in cash or stock, due in May 2003. The
companies have agreed to cancel each of these obligations.
"Through this transaction we have eliminated $4.5 million in future
shareholder dilution," said B. Lynne Parshall, Isis' Executive
Vice President and CFO. "This agreement is another important step
in a series that we've recently taken to improve our balance sheet and
strengthen the company financially. We are enthusiastic about the breadth
of therapeutic potential that our antisense platform technology provides
our patients and shareholders."
In the past four months Isis has completed a $125 million convertible
debt offering, prepaid a $74 million loan that carried 14% interest,
retired $19.7 million in 12% convertible debt for a $14.7 million cash
payment, and has eliminated significant future dilution through this
agreement.
"By undertaking this transaction, we have avoided dilution to Hybridon's
shareholders at a time when we believe our shares are undervalued,"
said Stephen R. Seiler, Hybridon's Chief Executive Officer. "With
our existing cash resources we believe we are in a position to exploit
our antisense technology and clinical programs as well as to move into
clinical trials drug candidates from our immunomodulatory oligonucleotide
(IMO) technology program."
In the Collaboration and License Agreement executed by the companies
in May 2001, Isis took an exclusive license to all of Hybridon's antisense
chemistry and delivery patents and technology. Hybridon retained the
right to practice its licensed antisense patent technologies and to
sublicense it to collaborators. Hybridon took a license to Isis' suite
of RNase H patents, which cover the mechanism of action of many antisense
drugs, to support Hybridon's activities in antisense therapeutics. The
goals of the agreement were to eliminate any potential patent conflict
between the companies, fortify Isis' dominant position in antisense
technology and enhance Hybridon's ability to exploit the advances it
has made in antisense technology.
Isis Pharmaceuticals, Inc. is exploiting its expertise in RNA to discover
and develop novel human therapeutic drugs. The company has commercialized
its first product, Vitravene® (fomivirsen), to treat CMV-induced
retinitis in AIDS patients. In addition, Isis has 13 antisense products
in its development pipeline, with two in late-stage development and
six in Phase II human clinical trials. Affinitac (formerly called
LY900003 and ISIS 3521), an inhibitor of PKC-alpha, is in Phase III
trials for non-small cell lung cancer, and alicaforsen (ISIS 2302),
an ICAM-1 inhibitor, is in Phase III human clinical trials for Crohn's
disease. Isis has a broad patent estate, as the owner or exclusive licensee
of more than 900 issued patents worldwide. Isis' GeneTrove division
uses antisense to assist pharmaceutical industry partners in validating
and prioritizing potential gene targets through customized services.
Ibis Therapeutics is a division focused on the discovery of small
molecule drugs that bind to RNA. Additional information about Isis is
available at www.isispharm.com.
Hybridon, Inc. is a leader in the discovery and development of novel
therapeutics and diagnostics, based on synthetic DNA. The company now
has four technology platforms: 1) CpG-based immunomodulatory oligonucleotide
(IMO) motifs that act to modulate responses of the immune system;
2) Antisense technology which uses synthetic DNA to block production
of disease causing proteins at the cellular level; 3) Synthetic DNA
drug candidates that enhance the antitumor activity of certain marketed
anticancer drugs, thereby increasing their effectiveness; and 4) Cyclicon
probes, novel synthetic DNA structures for identifying gene function,
which can be used for target validation and drug discovery as well as
for PCR-based gene amplification.
This press release contains forward-looking statements concerning the
intellectual property positions of both Isis Pharmaceuticals' Inc. and
Hybridon, Inc. Any statement describing a goal, expectation, intention
or belief of the companies is a forward-looking statement and should
be considered an at-risk statement. Such statements are subject to certain
risks and uncertainties, particularly those inherent in the process
of discovering, developing and commercializing drugs that are safe and
effective for use as human therapeutics and financing such activities.
Actual results could differ materially from those projected in this
release. As a result, you are cautioned not to rely on these forward-looking
statements. These and other risks concerning Isis' and Hybridon's respective
research and development programs are described in additional detail
in each company's Annual Report on Form 10-K, for the year ended December
31, 2001, which is on file with the U.S. Securities and Exchange Commission,
copies of which are available from the respective company.
Vitravene® is a registered trademark of Novartis AG.
GeneTrove™ and Ibis Therapeutics™ are trademarks of Isis Pharmaceuticals,
Inc.
Affinitac™, a trademark of Eli Lilly and Company, is an investigational
cancer compound being developed through an alliance between Lilly and
Isis Pharmaceuticals, Inc. and marketed globally by Lilly.
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