Immune Response BioPharma and Immune Response Corp. research.

The present company of Immune Response Biopharma which is really just the old Immune Response Incorporated or Orchestra Therapeutics has a really impressive website. It shows that the current incarnation of Immune Response/Orchestra is called the Immune Response BioPharma and seems to be made of people and research the company had nearly 15 years ago. Dr. Richard Bartholomew and Dr. Arthur Vandenbard, all go back into the 90s with Immune Response Inc.  The research they are now touting is actually research conducted nearly 15 years ago. Their recent press release on REMUNE, Oct. 31, 1912, sites Study 806 which was terminated in 1999. Its hard to believe that people would invest in clinical test results that old which were conducted by a company that then went Chapter 11 defrauding both their creditors and investors out of all their money. The website seems to be designed to lure unsuspecting investors and supporters. I along with most others who invested in this research lost all my money and ended up bankrupt with nothing. I just hope the same thing doesn't happen again to investors.

Immune Response

Over 2,500 people have viewed this blog since it was first created. Seems a lot of people are interested in the connection between Immune Response/Orchestra and Immune Response BioPharma.

David Buswell and Dennis Carlo

The annoucement by David Buswell that Immune Response BioPharma was being dumped by GSK sounds just like the sort of statements that Dennis Carlo, former president and CEO of Immune Response used to put out. I wonder if they are one and the same person. The two companies seem to be one and the same. Hard to imagine there could be two CEOs who would issue statements like this.

May 24, 2012.
"Immune Response BioPharma, Inc. has the first MS Vaccine a first in class and best in class multiple sclerosis drug which restores deficient FOXP3+ T-Regs. GSK has no approved MS drug and probably will never have one they are busy wasting their shareholders money on HGSI and a Lupus drug with poor sales, we don't need them or to give away our blockbuster drug for MS to them which we believe will become treatment of choice" IRBP CEO Mr. Buswell

"IRBP values NeuroVax north of a billion dollar of annual sales once approved. We will find a solid partner or raise capital on our own, we don't need GSK which has zer0 experience in multiple sclerosis or auto-immune diseases. GSK is a joke and seems very ignorant on how multiple sclerosis drugs work and how to develop one, we gave them a chance to develop NeuroVax but their management appears to be very poor. We have decided to terminate any collaboration or development with GSK. GSK is a loser in the MS market and will continue to be a loser" IRBP CEO Mr. Buswell

Open Letter to Immune Response BioPharma

Immune Response BioPharma, Inc.

244 5^th Avenue Suite 1727

New York City, NY

10001

Dear Sir or Madam:

I am writing to seek information on Immune Response Biopharma’s use of research belonging to Immune Response Inc/Orchestra Therapeutics. I spoke recently to a representative at Spencer Trask who informed me that neither Kevin Kimberlin nor Spencer Trask had any connection whatsoever to the new Immune Response BioPharma. He also stated that Kevin Kimberlin had purchased the intellectual property rights to the research at Immune Response/Orchestra at a public auction after the company went through Chapter 7 bankruptcy.

Records show though that Kevin Kimberlin through Spencer Trask went from owning approximately 2 million shares of common stock to eventually acquiring a total of 4.4 million shares. His shares along with those of others like Michael Green, Georgia Theofan, Richard Bartholomew, and other members of the Board of Directors would have owned a majority of the company’s 10 million shares. He continually provided financing for Orchestra in return for intellectual property rights as he took the company into bankruptcy according to SEC filings. He also received a security interest in all the assets of the company.

I have several questions which I want answers to. Was the intellectual property rights exempted from the assets of the company in the bankruptcy proceedings? What became of the companies brand new state of the art manufacturing plant in King of Prussia? It was up for sale, but I have never seen anything on the final sale or purchase. Does Immune Response Biopharma now own this facility?

As of February 2012 the bankruptcy proceedings are still pending.

Orchestra Therapeutics, Inc. (CIK No. 817785) is a void Delaware corporation located in Carlsbad, California with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). Orchestra is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-Q/A for the period ended June 30, 2007, which reported a net loss of over $3.9 million for the prior six months. On October 13, 2008, the company filed a Chapter 7 petition in the U.S. Bankruptcy Court for the Southern District of California, and the case was pending as of February 16, 2012. As of April 30, 2012, the company’s stock (symbol “OCHTQ”) was quoted on OTC Link, had ten market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3).

How can Immune Response Biopharma claim the research was abandoned when it was being purchased by Kevin Kimberlin both before the company went Chapter 7 through SEC filings and after through a public auction. David Buswell claims that the research was abandoned. Why would Kimberlin invest 20 years and a total 350 million in these drugs and purchase its research both before and after the Chapter 7 and then abandon the research?

If your company has sound legal status and rights to the research you should be able to offer answers to these questions which myself and other stock holders of Orchestra Therapeutic Inc/Immune Response have.

The Orchestra/Immune Response Chapter 7 still seems to be ongoing and not complete as of June 2012.

2. Orchestra Therapeutics, Inc. (CIK No. 817785) is a void Delaware corporation located in Carlsbad, California with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). Orchestra is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-Q/A for the period ended June 30, 2007, which reported a net loss of over $3.9 million for the prior six months. On October 13, 2008, the company filed a Chapter 7 petition in the U.S. Bankruptcy Court for the Southern District of California, and the case was pending as of February 16, 2012. As of April 30, 2012, the company’s stock (symbol “OCHTQ”) was quoted on OTC Link, had ten market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3).

Spencer Trask and Immune Response Biopharma

I have been writing letters to the Spencer Trask group for the past few months asking if they or their associate Kevin Kimberlin were in any way connected to the new company calling itself Immune Response Biopharma. I finally received a call back from New York today from a Spencer Trask representive. He stated plainly that there was no connection between Spencer Trask or Kevin Kimberlin and the new Immune Response Biopharma. He also stated that Kevin Kimberlin purchased the research to the original Immune Response/Orchestra Therapeutic company at a public auction that occured after the company went through bankruptcy and not before. Apparently the news releases put out by Orchestra about Kevin Kimberlin and Spencer Trask providing operational financing for Orchestra in return for intellectual property rights during the last two years of the companies operation were incorrect. The gentlemen I spoke with said that the new company had no connection to Immune Response/Orchestra other than the fact that the new company chose to use a similar name. Basically the new Immune Response Biopharma company under David Buswell is "NOT" using the research from Immune Response/Orchestra nor did they obtain the intellectual property rights from Immune Response/Orchestra as those were purchased by Kevin Kimberlin as part of the settlement of the companies holdings after the bankruptcy hearings. Anyone else have any information or comments to ad?

Legal Contacts concerning rights of Immune Response Inc and Biopharma

Investors of Immune Response/Orchestra might want to also contact the following:
United States Trustee
United States Department of Justice
402 West Broadway, Suite 600
San Diego, CA
92101
Chief, Special Procedures
Section - Insolvency
Internal Revenue Service
P.O. Box 30213
Laguna Niguel, CA
92607-0213
United States Securities and Exchange Commission
5670 Wilshire Blvd, 11th Floor
Los Angeles, California
90036
U.S. Bankruptcy Court
Southern District of California
325 West F Street
San Diego, CA
92101
(619) 557-5620

Investigation of Immune Response Biopharma

Investors of Immune Response Inc. / Orchestra Therapeutics Inc. who have concerns about the activities of Immune Response Biopharma Inc. might wish to contact the following to request an investigation of this new company to see if they are in fact the old company with a slight change in name. The name is almost the same as the original Immune Response, the research is the same research, and many of the people now running the company are the same people.

Perhaps investors need to write and contact the following in order to protect their rights.

The new Immune Response Biopharma is taking the research from Immune Response Inc. and seeking FDA approval.

Food and Drug Administration

10903 New Hampshire Ave
Silver Spring, MD 20993-0002

or by telephone:

• 1-888-INFO-FDA (1-888-463-6332)—main FDA Phone Number (for general inquiries)
• Electronic Employee Directory¹
• FDA Public Affairs Specialists²

Freedom of Information: FDA cannot accept on-line Freedom of Information Act requests (because such requests must be signed in writing); however, information about filing such requests is available in FDA's Electronic FOI Reading Room³.

The original Immune Response Inc. later became Orchestra Therapeutics and filed bankruptcy immediately thereafter. During the last few months after the name change one of the companies founders, Kevin Kimberlin and the Spencer Trask organization purchased all the intellectual property rights for the research from the company. The new Immune Response Biopharma says they then abandoned those rights immediately after that.

One can't help but feel the whole thing sounds fishy. Original investors might want to contact the courts that handled the original Chapter 7 was filed.

United States Bankruptcy Court
for the
Southern District of California
Jacob Weinberger United States Courthouse

325 West F Street
San Diego, CA 92101

- 6998
(619) 557-5620

Matters of company fraud are usually investigated by the Federal Trade Commission. They can be contacted at the following:

Northeast Region Federal Trade Commission 1 Bowling Green New York, NY 10004.

For Consumer Complaints contact the Consumer Response Center:

By phone: toll free 877-FTC-HELP (382-4357); 9:00 am to 5:00 pm Eastern Standard Time, Monday through Friday;

 

By mail: Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave, NW, Washington, DC 20580

Information on Immune Response Biophama is as follows:

CERTIFICATE OF INCORPORATION

State of Delaware

Secretary of State

Division of Corporations

Delivered 01:28 PM 06/20/2011

FILED 12:27 PM 06/20/2011

SRV 110739145 - 4999105 FILE

Immune Response BioPharma, Inc.

244 5th Avenue Suite 1727

New York City, NY 10001 U.S.A.

(917) 275-7931

Recent appointments at Immune Response Biopharma

At one time David Buswell said the the former executives at Immune Response Inc. aka Orchestra Therapeutic caused the companies failure and not the research. I find it interesting that now many of those some people are members of the new Immune Response BioPharma. My belief is that these are the people behind Immune Response Biopharma and that they deliberately caused the company to go bankrupt in order to take the research and start a new company called Immune Response BioPharma so they could dump all the previous investors, start a new company, and reap all the profits for themselves. I suspect it is only a matter of time till we hear that Kevin Kimberlin and Spencer Trask are now involved in the new Immune Response BioPharma.

Boards and new Advisors at Immune Response Biophama

It appears that many of the people who were previously involved in Immune Response Corporation and Orchestra Therapeutics are now joining Immune Response BioPharma. This proves my belief that the original companies research was stolen and the company itself manipulated into backruptcy so that a new company could be formed and the previous investors dumped and cheated out of their investments. Basically what has happened is that Kevin Kimberlin and Spencer Trask and the rest of the people who were at Immune Response Corp. manipulated the company so that they could change the name to Orchestra Theraputics and then purchase all the intellectural property rights to the research. They then manipulated the company into bankruptcy so they could dump all the original investors. Now they are starting a new company claming that have all the rights to the research funded by investors for over twenty years through Immune Response and Orchestra Thera. All the original crooks that were running Orchestra at the end will end up back in leadership roles with this new Immune Response Biopharma where they will cash in on the research while cheating the original investors out of everything. Typical Wall Street maneuver to make make as much profit as you can for yourself.

Open letter to Editors on Immune Response BioPharma

I have begun sending out letters to various publications seeking an investigative report into the actions of Immune Response BioPharma and the original Immune Response Inc/Orchestra Therapeutic.

Editor 

Dear Sir or Madam:

I am writing to suggest a story that your publication might find interesting enough to pursue.  I am a long time investor in a company called Orchestra Therapeutic Corporations Inc. The company began under the name Immune Response Inc.(IMNR) in the 1980s under Jonas Salk and Kevin Kimberlin with Spencer Trask to find a cure for aids, rheumatoid arthritis, psoriasis, and other diseases. Orchestra Therapeutic now trades under the symbol OCHTQ after going through a bankruptcy.  

Recently another research company called Immune Response BioPharma was created under the leadership of David Buswell. This company now claims to own all the intellectual property and research rights of  Immune Response/Orchestra Therapeutic saying that the research was legally abandoned. When I contacted Eric Swanson Communications Officer at Immune Response Biophrma he replied with the following:
"Per your note to Mr. Buswell, it's my understanding you have issues relating to his medical and business efforts. While I'm not a brankruptcy expert, I believe the science he has embraced was abandoned by the parties you mentioned in your email. It seems to me he's trying to make good on something that was left to the trash collectors." and that what they found was “in the trash can.” Recently David Buswell the company’s CEO has said in released statements, “REMUNE is a winner hands down and see the vaccine as the gold standard of treatment, eventually 90% market share.” 

It seems a little hard to believe that scientific research involving clinical trials involving patients could be retrieved from a trash can and that this same research could then turn out to be a gold mine. Investors holding shares in Orchestra/Immune Response like myself are concerned that the original Immune Response’s operations were handled in such a way as to force a bankruptcy so that the research could then be transferred to another company where it could then be reissued as an IPO thus abandoning the original investors. I have written numerous letters and E-mails to Kevin Kimberlin and Spencer Trask asking if there was any connection between them and the new Immune Response BioPharma, but they have refused to reply as has David Buswell.

In fact the only response I have been able to obtain from David Buswell was in the form of threats such as the following:

“I would ask you to respect the rule of law and cease and desist from contacting, harassing, interference of business, fraud, manipulation, slander, defamation, illegal activities, written or oral communication threathening, harming, cyber attacks, physical or oral or via mail any blackmail or greenmail activities or otherwise prohibited illegal activities against Immune Response BioPharma or its employees, founders or members in any shape form or fashion will be deemed as hostile acts and reported to the proper authorities. Immune Respone BioPharma is a peaceful company only seeking to save lives and has its own pipeline of life saving drugs and will act responsibly by developing those therapeutic treatments in the of mankind. Should you continue with your course of actions it will become a criminal matter which the proper authorities will be notified, at this time Immune Response BioPharma will not pursue any legal actions but cautions you to refrain from further activities that would otherwise violate the rule of law. Mr. Reese make no mistake you will be held accountable should you continue to harrass, impede, threathen, blackmail, interfere with our business and notify the Department of Justice and the FBI should you send more harrassing emails. Please Cease & Desist as of 2/24/2011 your activities and contact with Immune Response BioPharma, should you violate this order appropriate legal action will be taken. Immune Response BioPharma will use any and all legal avenues civil and criminal to halt any violations of this order.

Sincerely, Immune Response BioPharma Legal Department”

It seems the new Immune Response has not only tried to take over the research, but also the name Immune Response and has started a new unit called,(you guessed it) Orchestra Therapeutics. It claims Orchestra Therapeutics will focus on the development of new antibiotics and manufacturing of Generic antibiotics.

Obviously, for the legal rights of the original stockholders to have been abandoned legally there could be no involvement in Immune Response BioPharma by either Mr. Kimberlin or Spencer Trask as that would simply mean that they helped finance and start a new company under a new name and simply transferred the research rights in order to abandon the previous companies investors and make more profit for themselves.

I would like to encourage your publication to investigate the new Immune Response BioPharma and how this company is conducting its business in light of the information you now have. I could make for a very interesting story in light of the connection with Jonas Salk and the renewed attention that Aids research is now receiving.