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