-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Mi7+OnDrkp2uI8CXJF3D0xPkO+QKh2H4A9k4RiwIctnbvmNJH7DKvMuEtQz9x90x hXzBVJD3qDVLXL0kuZLS1A== 0001193125-09-162219.txt : 20090803 0001193125-09-162219.hdr.sgml : 20090801 20090803161554 ACCESSION NUMBER: 0001193125-09-162219 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090803 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090803 DATE AS OF CHANGE: 20090803 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DURECT CORP CENTRAL INDEX KEY: 0001082038 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 943297098 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-31615 FILM NUMBER: 09980397 BUSINESS ADDRESS: STREET 1: 10240 BUBB RD CITY: CUPERTINO STATE: CA ZIP: 95014 BUSINESS PHONE: 4087771417 MAIL ADDRESS: STREET 1: 10240 BUBB ROAD CITY: CUPERTINO STATE: CA ZIP: 95014 8-K 1 d8k.htm FORM 8-K Form 8-K

 

 

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

Form 8-K

 

 

Current Report

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

August 3, 2009

Date of Report

(Date of earliest event reported)

 

 

DURECT CORPORATION

(Exact name of Registrant as specified in its charter)

 

 

 

Delaware   000-31615   94-3297098

(State or other jurisdiction of

incorporation or organization)

  (Commission File Number)  

(I.R.S. Employer

Identification No.)

2 Results Way

Cupertino, CA 95014

(Address of principal executive offices) (Zip code)

(408) 777-1417

(Registrant’s telephone number, including area code)

 

(Former name or former address, if changed since last report)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 2.02. Results of Operations and Financial Condition.

On August 3, 2009, DURECT Corporation, a Delaware corporation (“DURECT”), announced its second quarter 2009 financial results. This Current Report is filed to disclose nonpublic information required to be disclosed by Regulation FD. A copy of DURECT’s press release is attached as Exhibit 99.1 hereto and incorporated by reference herein.

The information concerning financial results in this Form 8-K and in Exhibit 99.1 shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section. The information concerning financial results in this Form 8-K and in Exhibit 99.1 shall not be incorporated into any registration statement or other document filed with the Securities and Exchange Commission by the company, whether made before or after the date hereof, regardless of any general incorporation language in such filing, except as shall be expressly set forth by specific reference in such filing.

Item 9.01. Financial Statements and Exhibits.

 

(d) Exhibits

 

99.1    Press Release of DURECT Corporation dated August 3, 2009


SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

        DURECT Corporation
Date: August 3, 2009     By:  

/s/    James E. Brown

      James E. Brown
      President and Chief Executive Officer


DURECT CORPORATION

INDEX TO EXHIBITS

 

Exhibit

Number

 

Description

99.1   Press Release of DURECT Corporation dated August 3, 2009
EX-99.1 2 dex991.htm PRESS RELEASE Press Release

Exhibit 99.1

DURECT Corporation Announces Second Quarter 2009 Financial Results

CUPERTINO, Calif., August 3, 2009/PRNewswire-FirstCall/ — DURECT Corporation (Nasdaq: DRRX) announced today financial results for the three months ended June 30, 2009. Total revenues were $4.9 million for the three months ended June 30, 2009, compared to $6.3 million for the same period in 2008. Net loss for the three months ended June 30, 2009 was $7.5 million, compared to a net loss of $8.6 million for the same period in 2008.

At June 30, 2009, DURECT had cash and investments of $41.9 million, compared to cash and investments of $52.7 million at December 31, 2008; these figures include restricted investments of $0.8 million at June 30, 2009 and $1.0 million at December 31, 2008.

“Our senior management team was strengthened during the second quarter through the hiring of Joe Stauffer as our Chief Medical Officer, a former anesthesiologist and FDA reviewer with directly relevant experience covering all aspects of developing pain medications,” stated James E. Brown, D.V.M., President and CEO of DURECT. “It is also noteworthy that we signed four new feasibility projects in the quarter with pharmaceutical companies to apply our SABER™ depot and DURIN™ injectable technologies to address specific drug delivery challenges for both small molecule and biologic agents. Shortly after the end of the quarter, we were pleased to learn that King Pharmaceuticals met with the FDA regarding Remoxy® and believes that they have a clear path forward that could allow them to resubmit the Remoxy NDA in mid-2010.”

Recent Highlights:

 

 

Remoxy. Pain Therapeutics, our licensee, received a Complete Response Letter from the FDA in December 2008 indicating that the NDA is not approved in its present form. King Pharmaceuticals, the commercialization partner of Pain Therapeutics for Remoxy, assumed responsibility for further development of Remoxy from Pain Therapeutics in March 2009 and met with the Food and Drug Administration (FDA) on July 2, 2009 to discuss the Complete Response Letter. According to King Pharmaceuticals and Pain Therapeutics, the outcome of that meeting provided King with a clear path forward to resubmit the REMOXY NDA and to address all FDA comments in the Complete Response Letter. According to the King Pharmaceuticals / Pain Therapeutics press release, King now anticipates the resubmission of the NDA could occur mid-year 2010. King has stated that it remains committed to the development and commercialization of REMOXY and looks forward to working closely with the FDA toward approval of the product.

REMOXY, an investigational drug, is a long acting oral formulation of oxycodone intended to treat moderate to severe pain. Based on DURECT’s ORADUR® technology, which is covered by issued patents and pending patent applications owned by us, REMOXY is designed to resist common methods of prescription drug misuse and abuse.

 

 

POSIDUR™ (SABER™-Bupivacaine). During the quarter, DURECT continued enrollment in our approximately 60 patient Phase IIb clinical study in shoulder surgery. In addition, Nycomed continued enrollment in a Phase IIb study in hysterectomy patients and a Phase IIb study in shoulder surgery patients. We are in active discussions with multiple potential partners regarding licensing of the U.S./Canada and Asian rights to this program.


POSIDUR is our investigational post-operative pain relief depot that utilizes our patented SABER technology to deliver bupivacaine to provide up to three days of pain relief after surgery. POSIDUR is licensed to Nycomed for commercialization in Europe and select other countries, and we have retained commercialization rights in the US, Canada and Asia.

 

 

ELADUR™ (TRANSDUR™-Bupivacaine). In October 2008, worldwide rights to this program were licensed to Alpharma, which was acquired by King Pharmaceuticals in December 2008. During the second quarter, we continued to interact with the King team on details associated with next steps in the clinical program, which King expects to initiate this year.

ELADUR is our proprietary transdermal patch intended to provide bupivacaine for a period of up to three days from a single application.

 

 

TRANSDUR-Sufentanil. A successful end-of-Phase II meeting with the FDA has been conducted for this program that laid out a potential regulatory pathway for the Phase III program and approval. We are in active discussions with multiple potential partners regarding licensing development and commercialization rights to this program to which we hold worldwide rights.

TRANSDUR-Sufentanil is our proprietary transdermal patch intended to provide sufentanil to chronic pain sufferers for a period of up to seven days from a single application.

 

 

Feasibility Projects. During the second quarter, we signed four new feasibility projects with pharmaceutical and biotechnology companies whereby we will apply our SABER and DURIN technologies to both small molecule and biologic agents of interest to our collaborator. We undertake these feasibility projects as a means of demonstrating that our technologies can achieve the drug delivery objectives set forth by our collaborators and are worthy of further development. These feasibility projects entail anticipated revenue to DURECT of approximately $1.4 million in total during 2009.

Earnings Conference Call

A live audio webcast of a conference call to discuss second quarter 2009 results will be broadcast live over the internet at 4:30 p.m. Eastern Time on August 3 and is available by accessing DURECT’s homepage at www.durect.com and clicking “Investor Relations.” If you are unable to participate during the live webcast, the call will be archived on DURECT’s website under Audio Archive in the “Investor Relations” section.

About DURECT Corporation

DURECT is an emerging specialty pharmaceutical company developing innovative drugs for pain and other chronic diseases, with late-stage development programs including REMOXY®, POSIDUR™, ELADUR™, and TRANSDUR™-Sufentanil. DURECT’s proprietary oral, transdermal and injectable depot delivery technologies enable new indications and superior clinical/commercial attributes such as abuse deterrence, improved convenience, compliance, efficacy and safety for small molecule and biologic drugs. For more information, please visit www.durect.com.

NOTE: POSIDUR™, SABER™, ORADUR®, TRANSDUR™, and ELADUR™ are trademarks of DURECT Corporation. Other referenced trademarks belong to their respective owners. REMOXY, POSIDUR, ELADUR and TRANSDUR-Sufentanil are drug candidates under development and have not been approved for commercialization by the US Food and Drug Administration or other health authorities.


DURECT Forward-Looking Statement

The statements in this press release regarding plans by King Pharmaceuticals for resubmission of the REMOXY NDA in mid-2010 and their belief that this resubmission will address all FDA comments in the Complete Response Letter, the potential of FDA approving the REMOXY NDA, the timing and content of any potential update to be provided by King Pharmaceuticals, as well as the potential royalty and other payments that may be received by DURECT from REMOXY, our possible licensing of development and commercialization rights to POSIDUR and TRANSDUR-Sufentanil to third parties, and potential agreements with third parties about licensing and development rights to our product candidates are forward-looking statements involving risks and uncertainties that can cause actual results to differ materially from those in such forward-looking statements. Potential risks and uncertainties include, but are not limited to, the potential that the REMOXY NDA resubmission may not adequately address all of FDA’s concerns, the potential that FDA may not grant regulatory approval of REMOXY, failure of our clinical trials to produce intended results, possible adverse events associated with the use of our drug candidates, delays and costs due to additional work or other requirements imposed by regulatory agencies for continued development, approval or sale of our drug candidates, DURECT’s (and that of its third party collaborators where applicable) difficulty or failure to obtain approvals from regulatory agencies with respect to its development activities and products, design, enroll, conduct and complete clinical trials, complete the design, development, and manufacturing process development of the referenced product candidates, consummate collaborative agreements relating to our product candidates and technologies, manufacture and commercialize the referenced product candidates, obtain marketplace acceptance of the referenced product candidates, avoid infringing patents held by other parties and secure and defend patents of our own, and manage and obtain capital to fund its growth, operations and expenses. Further information regarding these and other risks is included in DURECT’s Form 10-Q filed on May 7, 2009 under the heading “Risk Factors.”


DURECT CORPORATION

CONDENSED STATEMENTS OF OPERATIONS

(in thousands, except per share amounts)

(unaudited)

 

     Three months ended     Year ended  
     June 30,     June 30,  
     2009     2008     2009     2008  

Collaborative research and development revenue

   $ 2,606      $ 3,867      $ 6,351      $ 8,136   

Product revenue, net

     2,271        2,436        4,686        4,605   
                                

Total revenues

     4,877        6,303        11,037        12,741   
                                

Operating expenses:

        

Cost of revenues (1)

     837        982        1,661        1,804   

Research and development (1)

     7,866        9,898        17,769        19,532   

Selling, general and administrative (1)

     3,777        4,086        8,034        7,976   
                                

Total operating expenses

     12,480        14,966        27,464        29,312   
                                

Loss from operations

     (7,603     (8,663     (16,427     (16,571

Other income (expense):

        

Interest and other income

     106        368        285        936   

Interest expense

     (11     (304     (22     (759
                                

Net other income

     95        64        263        177   
                                

Net loss

   $ (7,508   $ (8,599   $ (16,164   $ (16,394
                                

Net loss per share, basic and diluted

   $ (0.09   $ (0.11   $ (0.20   $ (0.22
                                

Shares used in computing basic and diluted net loss per share

     82,138        75,430        82,081        74,772   
                                

 

        

(1)    Includes stock-based compensation related to the following:

        

Cost of revenues

   $ 117      $ 31      $ 195      $ 66   

Research and development

     1,327        1,360        3,608        2,967   

Selling, general and administrative

     864        674        2,035        1,449   
                                

Total stock-based compensation

   $ 2,308      $ 2,065      $ 5,838      $ 4,482   
                                


DURECT CORPORATION

CONDENSED BALANCE SHEETS

(in thousands)

 

     As of
June 30, 2009
   As of
December 31, 2008 (1)
     (unaudited)     

ASSETS

     

Current assets:

     

Cash and cash equivalents

   $ 10,024    $ 29,445

Short-term investments

     24,507      20,836

Short-term restricted investments

     372      624

Accounts receivable

     2,336      4,055

Inventories

     2,737      3,474

Prepaid expenses and other current assets

     3,037      1,850
             

Total current assets

     43,013      60,284

Property and equipment, net

     4,955      5,971

Goodwill

     6,399      6,399

Intangible assets, net

     133      157

Long-term investments

     6,528      1,362

Long-term restricted Investments

     428      425

Other long-term assets

     368      276
             

Total assets

   $ 61,824    $ 74,874
             

LIABILITIES AND STOCKHOLDERS’ EQUITY

     

Current liabilities:

     

Accounts payable

   $ 846    $ 1,018

Accrued liabilities

     4,135      5,204

Contract research liability

     616      995

Deferred revenue, current portion

     8,074      9,235

Other short-term liabilities

     421      431
             

Total current liabilities

     14,092      16,883

Deferred revenue, noncurrent portion

     19,552      19,771

Other long-term liabilities

     614      656

Stockholders’ equity

     27,566      37,564
             

Total liabilities and stockholders’ equity

   $ 61,824    $ 74,874
             

 

(1) Derived from audited financial statements.

SOURCE DURECT Corporation

CONTACT:

Matthew J. Hogan, Chief Financial Officer, DURECT Corporation, +1-408-777-4936

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