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EX-99.1 - PRESS RELEASE - BIOVEST INTERNATIONAL INC | d395307dex991.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): August 14, 2012
BIOVEST INTERNATIONAL, INC.
(Exact name of Registrant as Specified in its Charter)
Delaware | 0-11480 | 41-1412084 | ||
(State or other jurisdiction of incorporation or organization) |
(Commission File Number) |
(I.R.S. Employer Identification No.) |
324 South Hyde Park Avenue, Suite 350
Tampa, FL 33606
(Address of Principal Executive Offices; Zip Code)
Registrants telephone number, including area code: (813) 864-2554
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2-(b)) |
¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
BIOVEST INTERNATIONAL, INC.
FORM 8-K
Item 7.01. | Regulation FD Disclosure. |
The following information is being furnished under Item 7.01 of Form 8-K, a press release dated August 14, 2012, by the Company, titled Biovest Conducts End of Phase III Review with FDA of BiovaxID as Consolidation Therapy in Non-Hodgkins Lymphoma. A copy of this press release is attached as Exhibit 99.1 to this Form 8-K.
Item 8.01. | Other Events. |
The Company has provided an update to its regulatory strategy as follows:
Under the Companys investigational new drug application (IND) for BiovaxID, two Phase 2 clinical trials and one Phase 3 clinical trial have been completed studying BiovaxID for the indications of follicular lymphoma (FL) and mantle cell lymphoma (MCL). BiovaxID has demonstrated statistically significant Phase 3 clinical benefit by prolonging disease-free survival in FL patients treated with BiovaxID compared to vaccinated controls. The Company believes that these clinical trials demonstrate the safety and efficacy of BiovaxID.
Based on the Companys scientific advice meetings with multiple European Union (EU)-Member national medicines agencies, the Company filed its formal notice of intent to file a Marketing Authorization Application (MAA) with the European Medicines Agency (EMA), which begins the EU marketing application process. In response to the Companys notice of intent to file for marketing approval, the EMA notified the Company that it is eligible to submit its planned MAA for BiovaxID under the EMAs centralized procedure, as an orphan medicinal product for the treatment of FL. Under the EMA centralized procedure, the marketing approval of BiovaxID can be simultaneously obtained throughout all EU-member countries with a single MAA. As part of the EMAs centralized procedure, the Companys planned MAA for BiovaxID will be assessed by the EMAs Committee for Medicinal Products for Human Use (CHMP), which designates from within its membership, a Rapporteur and Co-Rapporteur. The Rapporteur and Co-Rapporteur are assigned with the primary responsibility of preparing and delivering an approvability evaluation report, supported by a team of assessors from their National Authority. The EMA has also notified the Company regarding the EMAs official designation of the Rapporteur and Co-Rapporteur to the Companys planned MAA for BiovaxID. Subsequent to completion of the pre-submission process, the Company could receive a decision regarding EU marketing approval for BiovaxID within 12 months after the MAA submission, assuming its pre-submission, formal marketing application and the rigorous review process advance forward in a timely and positive manner. Additionally, based on a scientific advice meeting conducted with Health Canada, the Company has announced plans to file a New Drug Submission (NDS) seeking marketing approval in Canada.
The Company conducted a formal clinical guidance meeting with the U.S. Food and Drug Administration (FDA) in order to define the path for BiovaxIDs U.S. registration. In its guidance, the FDA recommended that the Company conduct a second Phase 3 clinical trial to complete the clinical data gained through the Companys Phase 3 clinical trial and the Companys BiovaxID development program to support the filing of a Biologics Licensing Application (BLA). Further, in its guidance, the FDA offered to meet with the Company to discuss specific design aspects of this confirmatory second Phase 3 clinical trial. The Company plans to meet with the FDA within the next several months to advance the clinical development of BiovaxID and to discuss a clinical trial protocol that meets the FDAs requirements and to establish agreed-upon endpoints. Concurrent with complying with the FDAs guidance, the Company will continue to advance seeking marketing approvals for BiovaxID in the EU and Canada with the planned filings of an MAA and NDS, respectively, supported by evidence of clinical benefit from the three human clinical trials conducted to date in collaboration with the U.S. National Cancer Institute (NCI).
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This Current Report on Form 8-K sets forth statements that are not strictly historical in nature constitute forward-looking statements. Such statements include, but are not limited to, statements about BiovaxID, AutovaxID®, and any other statements relating to products, product candidates, product development programs, the FDA or clinical study process including the commencement, process, or completion of clinical trials, the intent to treat analysis, accelerated approval and all aspects of the regulatory process. Such statements may include, without limitation, statements with respect to the Companys plans, objectives, expectations and intentions, and other statements identified by words such as may, could, would, should, believes, expects, anticipates, estimates, intends, plans, or similar expressions. Such forward-looking statements involve known and unknown risks, uncertainties, and other factors that may cause the actual results of Biovest to be materially different from historical results or from any results expressed or implied by such forward-looking statements. These factors include, but are not limited to, risks and uncertainties related to the progress, timing, cost, and results of clinical trials and product development programs; difficulties or delays in obtaining regulatory approval for product candidates; competition from other pharmaceutical or biotechnology companies; and the additional risks discussed in filings with the Securities and Exchange Commission. All forward-looking statements in this Form 8-K are qualified in their entirety by this cautionary statement, and Biovest undertakes no obligation to revise or update this Current Report on Form 8-K to reflect events or circumstances after the date hereof. The product names used in this statement are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners.
Item 9.01. | Financial Statements and Exhibits. |
See the Exhibit Index set forth below for a list of exhibits included with this Form 8-K.
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Signature
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunder duly authorized.
BIOVEST INTERNATIONAL, INC. | ||
By: | /s/ Samuel S. Duffey | |
Samuel S. Duffey, Esq. | ||
President; Chief Executive Officer and General Counsel |
Date: August 14, 2012
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EXHIBIT INDEX
Exhibit |
Description | |
99.1 | Press Release dated August 14, 2012, titled, Biovest Conducts End of Phase III Review with FDA of BiovaxID as Consolidation Therapy in Non-Hodgkins Lymphoma |
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