Friday, June 1, 2012

Open Letter to Immune Response BioPharma


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.
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).