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Balance Sheet Account Detail
9 Months Ended
Sep. 30, 2016
Organization, Consolidation and Presentation of Financial Statements [Abstract]  
Balance Sheet Account Detail
BALANCE SHEET ACCOUNT DETAIL
The composition of selected financial statement captions that comprise the accompanying Condensed Consolidated Balance Sheets are summarized below:
(a) Cash and Cash Equivalents and Marketable Securities
As of September 30, 2016 and December 31, 2015, our holdings included within “cash and cash equivalents” and “marketable securities” were at major financial institutions.
Our investment policy requires that investments in marketable securities be in only highly-rated instruments, which are primarily U.S. treasury bills or U.S. treasury-backed securities, and limited investments in securities of any single issuer. We maintain cash balances in excess of federally insured limits with reputable financial institutions. To a limited degree, the Federal Deposit Insurance Corporation ("FDIC") and other third parties insure these investments. However, these investments are not insured against the possibility of a complete loss of earnings or principal and are inherently subject to the credit risk related to the continued credit worthiness of the underlying issuer and general credit market risks. We manage such risks on our portfolio by investing in highly liquid, highly rated instruments, and limit investing in long-term maturity instruments.
 
The carrying amount of our equity securities, money market funds, bank certificates of deposits, and mutual funds approximates their fair value (utilizing Level 1 or Level 2 inputs – see Note 2(xiii)) because of our ability to immediately convert these instruments into cash with minimal expected change in value.
The following is a summary of our “cash and cash equivalents” and “marketable securities”:
 
 
 
 
 
 
 
 
 
 
Marketable Securities
 
Cost
 
Gross
Unrealized
Gains
 
Gross
Unrealized
Losses
 
Estimated
Fair
Value
 
Cash and Cash
Equivalents
 
Current
 
Long
Term
September 30, 2016
 
 
 
 
 
 
 
 
 
 
 
 
 
Bank deposits
$
28,134

 
$

 
$

 
$
28,134

 
$
28,134

 
$

 
$

Money market funds
138,472

 

 

 
138,472

 
138,472

 

 

Bank certificates of deposits
5,246

 

 

 
5,246

 
4,999

 
247

 

Total cash and cash equivalents and marketable securities
$
171,852

 
$

 
$

 
$
171,852

 
$
171,605

 
$
247

 
$

December 31, 2015
 
 
 
 
 
 
 
 
 
 
 
 
 
Bank deposits
$
59,625

 
$

 
$

 
$
59,625

 
$
59,625

 
$

 
$

Money market funds
80,116

 

 

 
80,116

 
80,116

 

 

Bank certificates of deposits
245

 

 

 
245

 

 
245

 

Total cash and cash equivalents and marketable securities
$
139,986

 
$

 
$

 
$
139,986

 
$
139,741

 
$
245

 
$


As of September 30, 2016, none of these securities had been in a continuous unrealized loss position longer than one year.
(b) Property and Equipment, Net of Accumulated Depreciation
“Property and equipment, net of accumulated depreciation” consist of the following: 
 
September 30, 2016
 
December 31, 2015
Computer hardware and software
$
3,823

 
$
3,785

Laboratory equipment
622

 
608

Office furniture
354

 
355

Leasehold improvements
2,880

 
2,872

Property and equipment, at cost
7,679

 
7,620

(Less): Accumulated depreciation
(7,141
)
 
(6,702
)
Property and equipment, net of accumulated depreciation
$
538

 
$
918


Depreciation expense (included within “total operating costs and expenses” in the accompanying Condensed Consolidated Statements of Operations) for the nine months ended September 30, 2016 and 2015, was $0.4 million and $0.5 million, respectively.

     In February 2016, the FASB issued ASU 2016-02, which amends the FASB Accounting Standards Codification and creates Topic 842, “Leases.” The new topic supersedes Topic 840, “Leases,” and requires lease assets and lease liabilities (including for operating leases) to be presented on the balance sheet at its "gross amount" and requires additional disclosures regarding lease arrangements. The guidance is effective for us beginning January 1, 2019, and mandates a "modified retrospective" transition method. We are currently assessing the impact this guidance will have on our consolidated financial statements. We presently do not have any capital lease arrangements, though we have several operating lease agreements that primarily relate to our principal executive office in Henderson, Nevada, and our research and development facility in Irvine, California, in addition to several other administrative office leases.

(c) Inventories
“Inventories” consist of the following: 
 
September 30, 2016
 
December 31, 2015
Raw materials
$
2,632

 
$
1,606

Work-in-process*
10,091

 
4,228

Finished goods
1,380

 
1,498

(Less:) Non-current portion of inventories included within "other assets" **
(6,800
)
 
(3,156
)
Inventories
$
7,303

 
$
4,176


* In January 2016, we received $3.4 million of ZEVALIN antibody materials for its future manufacture (representing strategic long-term supply).

** The "non-current" portion of inventories is presented within "other assets" in the accompanying Condensed Consolidated Balance Sheet at September 30, 2016 and December 31, 2015, respectively. This value of $6.8 million at September 30, 2016 represents product that we expect to sell beyond September 30, 2017.
(d) Prepaid expenses and other assets
“Prepaid expenses and other assets” consist of the following:
 
September 30, 2016
 
December 31, 2015
Prepaid operating expenses
$
2,702

 
$
3,507

Current portion of debt issuance costs*

 

Prepaid expenses and other assets
$
2,702

 
$
3,507

* Beginning January 1, 2016, our debt issuance costs (current and non-current portions) were retrospectively reclassified from “prepaid expenses and other assets” and "other assets" to a reduction of the carrying amount of “convertible senior notes” (i.e., contra-liability - see Note 14) within our accompanying Consolidated Balance Sheets, in accordance with the FASB-issued Accounting Standards Update 2015-03, Simplifying the Presentation of Debt Issuance Costs (“ASU 2015-03”). These amounts were $1.7 million and $2.2 million (including current and non-current portions) as of September 30, 2016 and December 31, 2015, respectively.
(e) Other receivables
“Other receivables” consist of the following:
 
September 30, 2016
 
December 31, 2015
Income tax receivable
$
1,264

 
$
1,301

Insurance receivable
350

 
7,100

Mundipharma promissory note

 
2,215

CASI note - short term*
1,500

 

Eagle receivable for services and support costs (Note 13)
1,896

 

Research and development expenses - reimbursements due
1,726

 
1,699

Other miscellaneous receivables
355

 
257

Other receivables
$
7,091

 
$
12,572

* This full balance was prospectively reclassified beginning March 31, 2016 to "other receivables" (presented within current assets on the accompanying Condensed Consolidated Balance Sheets) from "other assets" (presented within non-current assets) due to this note's maturity date of March 17, 2017 (i.e., within 12 months of September 30, 2016) - see Note 10.
(f) Intangible Assets and Goodwill
“Intangible assets, net of accumulated amortization and impairment charges” consist of the following: 
 
 
 
September 30, 2016
 
Historical
Cost
 
Accumulated
Amortization
 
Foreign
Currency
Translation
 
Impairment
 
Net Amount
 
Full
Amortization
Period
(months)
 
Remaining
Amortization
Period
(months)
MARQIBO IPR&D (NHL and other novel indications)
$
17,600

 
$

 
$

 
$

 
$
17,600

 
n/a
 
n/a
EVOMELA distribution rights (1)
7,700

 
(296
)
 

 

 
7,404

 
156
 
150
BELEODAQ distribution rights
25,000

 
(4,219
)
 

 

 
20,781

 
160
 
133
MARQIBO distribution rights
26,900

 
(11,783
)
 

 

 
15,117

 
81
 
42
FOLOTYN distribution rights (2)
118,400

 
(37,767
)
 

 

 
80,633

 
152
 
74
ZEVALIN distribution rights – U.S.
41,900

 
(33,214
)
 

 

 
8,686

 
123
 
30
ZEVALIN distribution rights – Ex-U.S.
23,490

 
(14,159
)
 
(3,818
)
 

 
5,513

 
96
 
42
FUSILEV distribution rights (3)
16,778

 
(9,618
)
 

 
(7,160
)
 

 
56
 
0
FOLOTYN out-license (4)
27,900

 
(11,151
)
 

 
(1,023
)
 
15,726

 
110
 
70
Total intangible assets
$
305,668

 
$
(122,207
)
 
$
(3,818
)
 
$
(8,183
)
 
$
171,460

 
 
 
 
 
(1)
The FDA approval of EVOMELA in March 2016 triggered a $6 million payment due to CyDex Pharmaceuticals, Inc. (a wholly-owned subsidiary of Ligand Pharmaceuticals Incorporated ("Ligand")). This event also resulted in a reclassification of our $7.7 million "EVOMELA IPR&D" to "EVOMELA distribution rights" due to our ability to begin its commercialization with this FDA approval. Amortization commenced on April 1, 2016, in accordance with our capitalization policy for intangible assets.

(2)
Beginning June 2016, we adjusted the amortization period of our FOLOTYN distribution rights to November 2022 from March 2025, representing the period through which we expect to have patent protection from generic competition (see Note 16(g)).

(3)
On February 20, 2015, the U.S. District Court for the District of Nevada found the patent covering FUSILEV to be invalid, which was upheld on appeal. On April 24, 2015, Sandoz began to commercialize a generic version of FUSILEV. This represented a “triggering event” under applicable GAAP in evaluating the value of our FUSILEV distribution rights as of March 31, 2015, resulting in a $7.2 million impairment charge (non-cash) in the first quarter of 2015. We accelerated amortization expense recognition in 2015 for the then remaining net book value of FUSILEV distribution rights.

(4)
On May 29, 2013, we amended our FOLOTYN collaboration agreement with Mundipharma International Corporation Limited ("Mundipharma"). As a result of the amendment, Europe and Turkey were excluded from Mundipharma’s commercialization territory, and their royalty rates and milestone payments to us were modified. This constituted a change under which we originally valued the FOLOTYN out-license as part of business combination accounting, resulting in an impairment charge (non-cash) of $1.0 million in the second quarter of 2013.

 
 
 
December 31, 2015

Historical
Cost
 
Accumulated
Amortization
 
Foreign
Currency
Translation
 
Impairment
 
Net Amount
MARQIBO IPR&D (NHL and other novel indications)
$
17,600

 
$

 
$

 
$

 
$
17,600

EVOMELA IPR&D
7,700

 

 

 

 
7,700

BELEODAQ distribution rights
25,000

 
(2,812
)
 

 

 
22,188

MARQIBO distribution rights
26,900

 
(8,544
)
 

 

 
18,356

FOLOTYN distribution rights
118,400

 
(29,474
)
 

 

 
88,926

ZEVALIN distribution rights – U.S.
41,900

 
(30,608
)
 

 

 
11,292

ZEVALIN distribution rights – Ex-U.S.
23,490

 
(12,632
)
 
(4,353
)
 

 
6,505

FUSILEV distribution rights
16,778

 
(9,618
)
 

 
(7,160
)
 

FOLOTYN out-license
27,900

 
(9,109
)
 

 
(1,023
)
 
17,768

Total intangible assets
$
305,668

 
$
(102,797
)
 
$
(4,353
)
 
$
(8,183
)
 
$
190,335



Intangible asset amortization expense recognized during the nine months ended September 30, 2016 was $19.1 million, as compared to $27.9 million of amortization and impairment expense recognized in the prior year period (of which $7.2 million relates to the impairment of the FUSILEV distribution rights, and the remaining $20.7 million relates to scheduled amortization expense).

Estimated intangible asset amortization expense for the remainder of 2016 and the five succeeding fiscal years and thereafter is as follows:

Years Ending December 31,
 
Remainder of 2016
$
6,909

2017
27,635

2018
27,635

2019
25,029

2020
19,740

2021
18,266

2022 and thereafter
28,646

 
$
153,860


“Goodwill” is comprised of the following:
 
September 30, 2016
 
December 31, 2015
Acquisition of Talon (MARQIBO rights)
$
10,526

 
$
10,526

Acquisition of ZEVALIN Ex-U.S. distribution rights
2,525

 
2,525

Acquisition of Allos (FOLOTYN rights)
5,346

 
5,346

Foreign currency exchange translation effects
(380
)
 
(437
)
Goodwill
$
18,017

 
$
17,960


(g) Other assets
“Other assets” are comprised of the following: 
 
September 30, 2016
 
December 31, 2015
Equity securities and secured promissory note - CASI (see Note 10)*
$
9,146

 
$
6,689

Supplies and deposits
181

 
185

2018 Convertible Notes issuance costs (excluding current portion)**

 

Executive officer life insurance – cash surrender value
11,845

 
9,181

Inventories - non-current portion
6,800

 
3,156

Other miscellaneous assets
43

 

Other assets
$
28,015

 
$
19,211


* These equity securities were excluded from “marketable securities” (see Note 3(a)) due to our intent to hold these securities for at least one year beyond September 30, 2016, as discussed in Note 10. The “unrealized gain on available-for-sale securities" within the Condensed Consolidated Statements of Comprehensive Loss, totaled $3.0 million, net of income tax, for the nine months ended September 30, 2016.

** Beginning January 1, 2016, our debt issuance costs (current and non-current portions) were retrospectively reclassified from “prepaid expenses and other assets” and "other assets" to a reduction of the carrying amount of “convertible senior notes” (i.e., contra-liability - see Note 14) within our accompanying Consolidated Balance Sheets, in accordance with ASU 2015-03. These amounts were $1.7 million and $2.2 million (including current and non-current portions) as of September 30, 2016 and December 31, 2015, respectively.
(h) Accounts payable and other accrued liabilities
“Accounts payable and other accrued liabilities” are comprised of the following:
 
September 30, 2016
 
December 31, 2015
Trade accounts payable and other accrued liabilities
$
27,180

 
$
26,684

Accrued rebates
10,130

 
18,166

Accrued product royalty
5,286

 
4,908

Allowance for returns
2,237

 
1,394

Accrued data and distribution fees
2,996

 
1,830

Accrued GPO administrative fees
342

 
1,058

Accrued inventory management fee
323

 
498

Allowance for chargebacks
1,483

 
2,001

Accounts payable and other accrued liabilities
$
49,977

 
$
56,539


Amounts presented within “accounts payable and other accrued liabilities” in the accompanying Condensed Consolidated Balance Sheets specifically for GTN estimates (see Note 2(i)) are as follows:

Rebates and
Chargebacks
 
Data and
Distribution,
GPO Fees, and
Inventory
Management
Fees
 
Returns
Balance as of December 31, 2014
$
45,822

 
$
8,284

 
$
1,135

Add: provisions
75,498

 
15,928

 
1,486

(Less): credits or actual allowances
(101,153
)
 
(20,826
)
 
(1,227
)
Balance as of December 31, 2015
20,167

 
3,386

 
1,394

Add: provisions
67,390

 
10,235

 
1,558

(Less): credits or actual allowances
(75,944
)
 
(9,960
)
 
(715
)
Balance as of September 30, 2016
$
11,613

 
$
3,661

 
$
2,237


(i) Deferred revenue
Deferred revenue (current and non-current) is comprised of the following:

September 30, 2016
 
December 31, 2015
Mundipharma deferred revenue (see Note 11)
$
1,700

 
$

EVOMELA deferred revenue*
3,094

 

FUSILEV deferred revenue**

 
6,083

Dr. Reddy's out-license (see Note 16(b)(iii))
405

 
430

Deferred revenue
$
5,199

 
$
6,513

*We commercialized EVOMELA beginning in April 2016, and have deferred revenue recognition (see Note 2(i)(a)) for any product shipped to our distributors, but not ordered and received by end-users as of September 30, 2016.

**In the third quarter of 2015, we deferred revenue recognition related to certain FUSILEV product shipments that did not meet our revenue recognition criteria (see Note 2(i)(a)), aggregating $9.9 million. Specifically, this deferral resulted from our inability to concurrently estimate future rebate values (with requisite precision) offered to our customers in order to compete with generic products. During the fourth quarter of 2015, we recognized $3.8 million for these third quarter shipments, and $6.1 million remained deferred as of December 31, 2015. In the first quarter of 2016, this $6.1 million of deferred revenue was recognized in full.

(j) Other long-term liabilities
Other long-term liabilities are comprised of the following:
 
September 30, 2016
 
December 31, 2015
Accrued executive deferred compensation
$
7,797

 
$
6,458

Deferred rent (non-current portion)
193

 
248

Clinical study holdback costs, non-current
44

 

Other tax liabilities
738

 
738

Other long-term liabilities
$
8,772

 
$
7,444