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LA JOLLA PHARMACEUTICAL COMPANY
RECEIVES NOTICE RELATING TO NONCOMPLIANCE WITH A NASDAQ STOCK
MARKET LISTING REQUIREMENT
SAN DIEGO, APRIL 28, 2005 -- La Jolla Pharmaceutical Company (Nasdaq:
LJPC) announced today that it has received a notice from the Nasdaq
Stock Market indicating that the Company is not in compliance
with Nasdaq Marketplace Rule 4450(a)(5) (the "Minimum Bid
Price Rule") because, for the last 30 consecutive business
days, the bid price of the Companys common stock has closed
below the minimum $1.00 per share. In accordance with the Nasdaq
Marketplace Rules, the Company will be provided 180 calendar days,
or until October 24, 2005, to regain compliance with the Minimum
Bid Price Rule. This notification has no affect on the listing
of the Companys common stock at this time.
If at any time before October 24, 2005, the bid price of the Companys
common stock closes at $1.00 per share or more for a minimum of
10 consecutive business days, Nasdaq will notify the Company that
it has achieved compliance with the Minimum Bid Price Rule. If
the Company does not regain compliance with the Minimum Bid Price
Rule by October 24, 2005, Nasdaq will notify the Company that
its common stock will be delisted from the Nasdaq Stock Market.
In the event that the Company receives notice that its common
stock is being delisted from the Nasdaq Stock Market, Nasdaq rules
permit the Company to appeal any delisting determination by the
Nasdaq staff to a Nasdaq Listings Qualifications Panel. In addition,
in the event that such a delisting determination was based solely
on non-compliance with the Minimum Bid Price Rule, Nasdaq may
permit the Company to transfer its common stock to the Nasdaqs
SmallCap Market if the Companys common stock satisfies all
criteria for initial inclusion on such market other than compliance
with the Minimum Bid Price Rule. In the event of such a transfer,
the Company would have an additional 180 calendar days to comply
with the Minimum Bid Price Rule in order to remain on the SmallCap
Market.
La Jolla Pharmaceutical Company is a biotechnology company developing
therapeutics for antibody-mediated autoimmune diseases and inflammation
afflicting several million people in the United States and Europe.
The Company is developing Riquent for the treatment of lupus kidney
disease, a leading cause of sickness and death in patients with
lupus. The Company is also in the early stage of developing small
molecules to treat various other autoimmune and inflammatory conditions.
The Company's common stock is traded on The Nasdaq Stock Market
under the symbol LJPC. For more information about the Company,
visit its Web site: http://www.ljpc.com.
The forward-looking statements in this press release involve
significant risks and uncertainties, and a number of factors,
both foreseen and unforeseen, could cause actual results to differ
materially from our current expectations. Forward-looking statements
include those that express a plan, belief, expectation, estimation,
anticipation, intent, contingency, future development or similar
expression. Although we are seeking collaborative agreements to
support the development of Riquent and our small molecule
inflammation program, we cannot guarantee that we will be successful
in establishing any such collaborative agreements or that the
terms of any potential agreements will result in the payment of
significant funds to us. The analyses of clinical results of Riquent,
previously known as LJP 394, our drug candidate for the treatment
of systemic lupus erythematosus ("lupus"), and any other
drug candidate that we may develop, including the results of any
trials that are ongoing or that we may initiate in the future,
could result in a finding that these drug candidates are not effective
in large patient populations, do not provide a meaningful clinical
benefit, or may reveal a potential safety issue requiring us to
develop new candidates. The analysis of the data from our Phase
3 trial of Riquent showed that the trial did not reach statistical
significance with respect to its primary endpoint, time to renal
flare, or with respect to the secondary endpoint, time to treatment
with high-dose corticosteroids or cyclophosphamide. The results
from our clinical trials of Riquent, including the results of
any trials that are ongoing or that we may initiate in the future,
may not ultimately be sufficient to obtain regulatory clearance
to market Riquent either in the United States or Europe, and we
may be required to conduct additional clinical studies to demonstrate
the safety and efficacy of Riquent in order to obtain marketing
approval. There can be no assurance, however, that we will have
the necessary resources to complete any current or future trials
or that any such trials will sufficiently demonstrate the safety
and efficacy of Riquent. Our blood test to measure the binding
affinity for Riquent is experimental, has not been validated by
independent laboratories and will likely be reviewed as part of
the Riquent approval process. Our other potential drug candidates
are at earlier stages of development and involve comparable risks.
Analysis of our clinical trials could have negative or inconclusive
results. Any positive results observed to date may not be indicative
of future results. In any event, regulatory authorities may require
clinical trials in addition to our current clinical trial, or
may not approve our drugs. Our ability to develop and sell our
products in the future may be adversely affected by the intellectual
property rights of third parties. Additional risk factors include
the uncertainty and timing of: our clear need for additional financing
or a collaborative agreement; obtaining required regulatory approvals,
including delays associated with any approvals that we may obtain;
our ability to pass all necessary FDA inspections; the increase
in capacity of our manufacturing capabilities for possible commercialization;
successfully marketing and selling our products; our lack of manufacturing,
marketing and sales experience; our ability to make use of the
orphan drug designation for Riquent; generating future revenue
from product sales or other sources such as collaborative relationships;
future profitability; and our dependence on patents and other
proprietary rights. Readers are cautioned to not place undue reliance
upon forward-looking statements, which speak only as of the date
hereof, and we undertake no obligation to update forward-looking
statements to reflect events or circumstances occurring after
the date hereof. Interested parties are urged to review the risks
described in our Annual Report on Form 10-K for the year ended
December 31, 2004, and in other reports and registration statements
that we file with the Securities and Exchange Commission from
time to time.
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