Immune
Response BioPharma, Inc.
244 5th
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.