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.”
"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”
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.
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