19. SUMMARIZED QUARTERLY UNAUDITED FINANCIAL DATA (Restated) | 12 Months Ended |
Dec. 31, 2013 |
Quarterly Financial Information Disclosure [Abstract] | ' |
19. SUMMARIZED QUARTERLY UNAUDITED FINANCIAL DATA (Restated) | ' |
As discussed in greater detail in Note 2, Restatement of Previously Issued Consolidated Financial Statements, we determined we needed to restate our previously issued consolidated financial information for the quarterly periods ended March 31, 2013, June 30, 2013, September 30, 20013 and each of the quarterly periods in the year ended December 31, 2012 and December 31, 2013. The restatements resulted from a correction in the recognition of liabilities related to a Warrant Agreement and unsettled warrant share obligation from January 2009 and a stock compensation expense error related to inadequate authorized and unissued shares to settle share based awards. |
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The following tables summarize the effects of the restatement and presentation reclassifications on our previously issued unaudited condensed consolidated financial statements: |
|
2013 Summary of increases (decreases) in net loss (unaudited) |
|
| | For the Quarter Ended | | | | | | | | | | | | | |
| | 31-Mar-13 | | | 30-Jun-13 | | | 30-Sep-13 | | | | | | | | | | | | | |
| | Three Months | | | Three Months Ended | | | Six Months Ended | | | Three Months Ended | | | Nine Months Ended | | | | | | | | | | | | | |
Ended | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
Net loss, as previously reported | | $ | (6,413,041 | ) | | $ | (6,611,346 | ) | | $ | (13,024,387 | ) | | $ | (5,705,122 | ) | | $ | (18,729,509 | ) | | | | | | | | | | | | |
Net adjustments | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development (Restatement) | | | (106,559 | ) | | | (113,033 | ) | | | (219,592 | ) | | | (163,079 | ) | | | (382,671 | ) | | | | | | | | | | | | |
General and administrative expenses (Restatement) | | | (8,005 | ) | | | (9,524 | ) | | | (17,529 | ) | | | (8,568 | ) | | | (26,097 | ) | | | | | | | | | | | | |
Adjustments to fair value of unsettled warrant obligation | | | 16,968 | | | | (160,153 | ) | | | (143,185 | ) | | | 131,034 | | | | (12,151 | ) | | | | | | | | | | | | |
Net loss, restated | | $ | (6,510,637 | ) | | $ | (6,894,056 | ) | | $ | (13,404,693 | ) | | $ | (5,745,735 | ) | | $ | (19,150,428 | ) | | | | | | | | | | | | |
Basic loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Net loss, as previously reported | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | | | | | | | | | | | |
Net adjustments | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development (Restatement) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | | | | | | | | | | |
General and administrative expenses (Restatement) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | | | | | | | | | | |
Adjustments to fair value of unsettled warrant obligation | | | 0 | | | | (0.00 | ) | | | (0.00 | ) | | | 0 | | | | (0.00 | ) | | | | | | | | | | | | |
Net loss, restated | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | | | | | | | | | | | |
Diluted loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Net loss, as previously reported | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | | | | | | | | | | | |
Net adjustments | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development (Restatement) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | | | | | | | | | | |
General and administrative expenses (Restatement) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | | | | | | | | | | |
Adjustments to fair value of unsettled warrant obligation | | | 0 | | | | (0.00 | ) | | | (0.00 | ) | | | 0 | | | | (0.00 | ) | | | | | | | | | | | | |
Net loss, restated | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | | | | | | | | | | | |
Weighted average shares used in computing net loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | | 2,251,585,598 | | | | 2,451,694,258 | | | | 2,389,481,712 | | | | 2,573,191,224 | | | | 2,451,391,145 | | | | | | | | | | | | | |
Diluted | | | 2,251,585,598 | | | | 2,451,694,258 | | | | 2,389,481,712 | | | | 2,573,191,224 | | | | 2,451,391,145 | | | | | | | | | | | | | |
|
2012 Summary of increases (decreases) in net loss (unaudited) |
|
| | For the Quarter Ended | | | | | | | | | |
| | 31-Mar-12 | | | 30-Jun-12 | | | 30-Sep-12 | | | 31-Dec-12 | | | | | | | | | |
| | Three Months | | | Three Months Ended | | | Six Months Ended | | | Three Months Ended | | | Nine Months Ended | | | Three Months | | | | | | | | | |
Ended | Ended | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
Net loss, as previously reported | | $ | (5,712,490 | ) | | $ | (3,959,443 | ) | | $ | (9,671,933 | ) | | $ | (8,508,251 | ) | | $ | (18,180,184 | ) | | $ | (10,346,077 | ) | | | | | | | | |
Net adjustments | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development (Restatement) | | | (2,470,817 | ) | | | (217,761 | ) | | | (2,688,578 | ) | | | (217,761 | ) | | | (2,906,339 | ) | | | (217,761 | ) | | | | | | | | |
General and administrative expenses (Restatement) | | | (1,455,167 | ) | | | 296,411 | | | | (1,158,756 | ) | | | 103,467 | | | | (1,055,289 | ) | | | 74,653 | | | | | | | | | |
Adjustments to fair value of unsettled warrant obligation | | | (2,115,996 | ) | | | 229,980 | | | | (1,886,016 | ) | | | (3,749 | ) | | | (1,889,765 | ) | | | (63,353 | ) | | | | | | | | |
Net loss, restated | | $ | (11,754,470 | ) | | $ | (3,650,813 | ) | | $ | (15,405,283 | ) | | $ | (8,626,294 | ) | | $ | (24,031,577 | ) | | $ | (10,552,538 | ) | | | | | | | | |
Basic loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Net loss, as previously reported | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.00 | ) | | | | | | | | |
Net adjustments | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development (Restatement) | | | (0.01 | ) | | | (0.00 | ) | | | (0.01 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | | | | | | |
General and administrative expenses (Restatement) | | | (0.00 | ) | | | 0 | | | | 0 | | | | 0 | | | | (0.00 | ) | | | 0 | | | | | | | | | |
Adjustments to fair value of unsettled warrant obligation | | | (0.00 | ) | | | 0 | | | | 0 | | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | | | | | | |
Net loss, restated | | $ | (0.01 | ) | | $ | 0 | | | $ | (0.01 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.00 | ) | | | | | | | | |
Diluted loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Net loss, as previously reported | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.00 | ) | | | | | | | | |
Net adjustments | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development (Restatement) | | | (0.01 | ) | | | (0.00 | ) | | | (0.01 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | | | | | | |
General and administrative expenses (Restatement) | | | (0.00 | ) | | | 0 | | | | 0 | | | | 0 | | | | (0.00 | ) | | | 0 | | | | | | | | | |
Adjustments to fair value of unsettled warrant obligation | | | (0.00 | ) | | | 0 | | | | 0 | | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | | | | | | |
Net loss, restated | | $ | (0.01 | ) | | $ | 0 | | | $ | (0.01 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.00 | ) | | | | | | | | |
Weighted average shares used in computing net loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | | 1,942,293,307 | | | | 2,076,212,012 | | | | 2,010,442,657 | | | | 2,122,463,857 | | | | 2,048,055,615 | | | | 2,193,859,375 | | | | | | | | | |
Diluted | | | 1,942,293,307 | | | | 2,076,212,012 | | | | 2,010,442,657 | | | | 2,122,463,857 | | | | 2,048,055,615 | | | | 2,193,859,375 | | | | | | | | | |
|
2011 Summary of increases (decreases) in net loss (unaudited) |
|
| | For the Quarter Ended | | | | | | | | | |
| | 31-Mar-11 | | | 30-Jun-11 | | | 30-Sep-11 | | | 31-Dec-11 | | | | | | | | | |
| | Three Months | | | Three Months Ended | | | Six Months Ended | | | Three Months Ended | | | Nine Months Ended | | | Three Months | | | | | | | | | |
Ended | Ended | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
Net loss, as previously reported | | $ | (3,342,037 | ) | | $ | (4,820,149 | ) | | $ | (8,162,186 | ) | | $ | (52,521,029 | ) | | $ | (60,683,215 | ) | | $ | (12,111,904 | ) | | | | | | | | |
Net adjustments | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development (Restatement) | | | (39,760 | ) | | | (39,760 | ) | | | (79,520 | ) | | | (84,196 | ) | | | (163,716 | ) | | | 363,181 | | | | | | | | | |
General and administrative expenses (Restatement) | | | 359,552 | | | | 376,108 | | | | 735,660 | | | | 2,086,161 | | | | 2,821,821 | | | | 767,929 | | | | | | | | | |
Adjustments to fair value of unsettled warrant obligation | | | 1,579,980 | | | | (126,398 | ) | | | 1,453,582 | | | | 6,946,172 | | | | 8,399,754 | | | | 5,413,347 | | | | | | | | | |
Net loss, restated | | $ | (1,442,265 | ) | | $ | (4,610,199 | ) | | $ | (6,052,464 | ) | | $ | (43,572,892 | ) | | $ | (49,625,356 | ) | | $ | (5,567,447 | ) | | | | | | | | |
Basic loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Net loss, as previously reported | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.03 | ) | | $ | (0.04 | ) | | $ | (0.01 | ) | | | | | | | | |
Net adjustments | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development (Restatement) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | 0 | | | | | | | | | |
General and administrative expenses (Restatement) | | | 0 | | | | 0 | | | | 0 | | | | 0 | | | | 0 | | | | 0 | | | | | | | | | |
Adjustments to fair value of unsettled warrant obligation | | | 0 | | | | (0.00 | ) | | | 0.01 | | | | 0 | | | | 0.01 | | | | 0.01 | | | | | | | | | |
Net loss, restated | | $ | (0.00 | ) | | $ | 0 | | | $ | (0.00 | ) | | $ | (0.03 | ) | | $ | (0.03 | ) | | $ | (0.00 | ) | | | | | | | | |
Diluted loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Net loss, as previously reported | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.03 | ) | | $ | (0.04 | ) | | $ | (0.01 | ) | | | | | | | | |
Net adjustments | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development (Restatement) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | 0 | | | | | | | | | |
General and administrative expenses (Restatement) | | | 0 | | | | 0 | | | | 0 | | | | 0 | | | | 0 | | | | 0 | | | | | | | | | |
Adjustments to fair value of unsettled warrant obligation | | | 0 | | | | (0.00 | ) | | | 0.01 | | | | 0 | | | | 0.01 | | | | 0.01 | | | | | | | | | |
Net loss, restated | | $ | (0.00 | ) | | $ | 0 | | | $ | (0.00 | ) | | $ | (0.03 | ) | | $ | (0.03 | ) | | $ | (0.00 | ) | | | | | | | | |
Weighted average shares used in computing net loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | | 1,478,231,834 | | | | 1,543,519,167 | | | | 1,510,945,682 | | | | 1,613,530,283 | | | | 1,546,379,685 | | | | 1,547,852,307 | | | | | | | | | |
Diluted | | | 1,478,231,834 | | | | 1,543,519,167 | | | | 1,510,945,682 | | | | 1,613,530,283 | | | | 1,546,379,685 | | | | 1,547,852,307 | | | | | | | | | |
|
2013 Quarterly Consolidated Balance Sheets (unaudited) |
|
| | As of March 31, 2013 | | | As of June 30, 2013 | | | As of September 30, 2013 | | | | | | | | | |
| | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | | | | | | | |
Assets | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Current assets: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Cash and cash equivalents | | $ | 4,111,434 | | | $ | 4,111,434 | | | $ | 5,464,054 | | | $ | 5,464,054 | | | $ | 5,452,653 | | | $ | 5,452,653 | | | | | | | | | |
Grants receivable | | | 254,279 | | | | 254,279 | | | | 60,022 | | | | 60,022 | | | | 25,685 | | | | 25,685 | | | | | | | | | |
Deferred royalty fees, current portion | | | 92,435 | | | | 92,435 | | | | 62,435 | | | | 62,435 | | | | 62,435 | | | | 62,435 | | | | | | | | | |
Prepaid expenses | | | 326,517 | | | | 326,517 | | | | 349,319 | | | | 349,319 | | | | 949,065 | | | | 949,065 | | | | | | | | | |
Total current assets | | | 4,784,665 | | | | 4,784,665 | | | | 5,935,830 | | | | 5,935,830 | | | | 6,489,838 | | | | 6,489,838 | | | | | | | | | |
Property and equipment, net | | | 255,790 | | | | 255,790 | | | | 572,152 | | | | 572,152 | | | | 697,027 | | | | 697,027 | | | | | | | | | |
Deferred royalty fees, less current portion | | | 155,857 | | | | 155,857 | | | | 138,998 | | | | 138,998 | | | | 123,388 | | | | 123,388 | | | | | | | | | |
Deposits | | | 38,661 | | | | 38,661 | | | | 38,220 | | | | 38,220 | | | | 66,751 | | | | 66,751 | | | | | | | | | |
Deferred costs, net | | | 369,773 | | | | 369,773 | | | | 264,693 | | | | 264,693 | | | | 165,298 | | | | 165,298 | | | | | | | | | |
Total assets | | $ | 5,604,746 | | | $ | 5,604,746 | | | $ | 6,949,893 | | | $ | 6,949,893 | | | $ | 7,542,302 | | | $ | 7,542,302 | | | | | | | | | |
Liabilities and Stockholders’ Deficit | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Current liabilities: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Accounts payable | | $ | 2,439,123 | | | $ | 2,439,123 | | | $ | 2,382,843 | | | $ | 2,382,843 | | | $ | 2,716,272 | | | $ | 2,716,272 | | | | | | | | | |
Accrued expenses | | | 2,611,378 | | | | 2,611,378 | | | | 2,627,808 | | | | 2,627,808 | | | | 2,647,728 | | | | 2,647,728 | | | | | | | | | |
Convertible promissory notes, current portion | | | 287,785 | | | | 287,785 | | | | – | | | | – | | | | – | | | | – | | | | | | | | | |
Senior secured convertible promissory notes, current portion | | | 2,604,545 | | | | 2,604,545 | | | | 2,055,755 | | | | 2,055,755 | | | | 2,124,604 | | | | 2,124,604 | | | | | | | | | |
Embedded conversion option liabilities, current portion | | | 505,075 | | | | 505,075 | | | | 234,227 | | | | 234,227 | | | | 235,595 | | | | 235,595 | | | | | | | | | |
Unsettled warrant obligation | | | – | | | | 4,404,985 | | | | – | | | | 4,961,138 | | | | – | | | | 4,506,104 | | | | | | | | | |
Loss contingency accrual | | | 6,859,607 | | | | 3,723,107 | | | | 7,871,898 | | | | 4,339,398 | | | | 7,528,896 | | | | 4,320,396 | | | | | | | | | |
Deferred revenue, current portion | | | 176,622 | | | | 176,622 | | | | 157,872 | | | | 157,872 | | | | 157,872 | | | | 157,872 | | | | | | | | | |
Total current liabilities | | | 15,484,135 | | | | 16,752,620 | | | | 15,330,403 | | | | 16,759,041 | | | | 15,410,967 | | | | 16,708,571 | | | | | | | | | |
Senior secured convertible promissory notes, less current portion | | | 2,802,273 | | | | 2,802,273 | | | | 1,706,116 | | | | 1,706,116 | | | | 1,724,893 | | | | 1,724,893 | | | | | | | | | |
Embedded conversion option liabilities, less current portion | | | 453,000 | | | | 453,000 | | | | 466,773 | | | | 466,773 | | | | 467,405 | | | | 467,405 | | | | | | | | | |
Warrant and option derivative liabilities | | | 435,792 | | | | 435,792 | | | | 496,078 | | | | 496,078 | | | | 357,875 | | | | 357,875 | | | | | | | | | |
Deferred revenue, less current portion | | | 1,868,106 | | | | 1,868,106 | | | | 1,828,638 | | | | 1,828,638 | | | | 1,789,170 | | | | 1,789,170 | | | | | | | | | |
Total liabilities | | | 21,043,306 | | | | 22,311,791 | | | | 19,828,008 | | | | 21,256,646 | | | | 19,750,310 | | | | 21,047,914 | | | | | | | | | |
Series A-1 redeemable preferred stock | | | 1,641,006 | | | | 1,641,006 | | | | – | | | | – | | | | – | | | | – | | | | | | | | | |
Stockholders' Deficit: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Preferred stock, Series B | | | 1 | | | | 1 | | | | 1 | | | | 1 | | | | 1 | | | | 1 | | | | | | | | | |
Preferred stock, Series C | | | 2 | | | | 2 | | | | 2 | | | | 2 | | | | 2 | | | | 2 | | | | | | | | | |
Common stock | | | 2,387,937 | | | | 2,387,937 | | | | 2,529,495 | | | | 2,529,495 | | | | 2,608,116 | | | | 2,608,116 | | | | | | | | | |
Additional paid-in capital | | | 301,443,293 | | | | 300,808,879 | | | | 312,706,253 | | | | 312,194,396 | | | | 319,606,218 | | | | 319,266,008 | | | | | | | | | |
Promissory notes receivable, net | | | (32,189,828 | ) | | | (32,189,828 | ) | | | (32,788,398 | ) | | | (32,788,398 | ) | | | (33,399,438 | ) | | | (33,399,438 | ) | | | | | | | | |
Accumulated deficit | | | (288,720,971 | ) | | | (289,355,042 | ) | | | (295,325,468 | ) | | | (296,242,249 | ) | | | (301,022,907 | ) | | | (301,980,301 | ) | | | | | | | | |
Total stockholders' deficit | | | (17,079,566 | ) | | | (18,348,051 | ) | | | (12,878,115 | ) | | | (14,306,753 | ) | | | (12,208,008 | ) | | | (13,505,612 | ) | | | | | | | | |
Total liabilities and stockholders' deficit | | $ | 5,604,746 | | | $ | 5,604,746 | | | $ | 6,949,893 | | | $ | 6,949,893 | | | $ | 7,542,302 | | | $ | 7,542,302 | | | | | | | | | |
|
2012 Quarterly Consolidated Balance Sheets (unaudited) |
|
| | As of March 31, 2012 | | | As of June 30, 2012 | | | As of September 30, 2012 | | | | | | | | | |
| | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | | | | | | | |
Assets | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Current assets: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Cash and cash equivalents | | $ | 10,778,045 | | | $ | 10,778,045 | | | $ | 9,862,536 | | | $ | 9,862,536 | | | $ | 8,254,014 | | | $ | 8,254,014 | | | | | | | | | |
Grants receivable | | | – | | | | – | | | | – | | | | – | | | | 140,046 | | | | 140,046 | | | | | | | | | |
Deferred royalty fees, current portion | | | 62,435 | | | | 62,435 | | | | 62,435 | | | | 62,435 | | | | 62,435 | | | | 62,435 | | | | | | | | | |
Prepaid expenses | | | 199,262 | | | | 199,262 | | | | 122,712 | | | | 122,712 | | | | 95,464 | | | | 95,464 | | | | | | | | | |
Total current assets | | | 11,039,742 | | | | 11,039,742 | | | | 10,047,683 | | | | 10,047,683 | | | | 8,551,959 | | | | 8,551,959 | | | | | | | | | |
Property and equipment, net | | | 151,857 | | | | 151,857 | | | | 153,600 | | | | 153,600 | | | | 129,499 | | | | 129,499 | | | | | | | | | |
Deferred royalty fees, less current portion | | | 217,043 | | | | 217,043 | | | | 201,434 | | | | 201,434 | | | | 185,825 | | | | 185,825 | | | | | | | | | |
Deposits | | | 14,766 | | | | 14,766 | | | | 14,766 | | | | 14,766 | | | | 14,766 | | | | 14,766 | | | | | | | | | |
Deferred costs, net | | | 1,175,554 | | | | 1,175,554 | | | | 974,661 | | | | 974,661 | | | | 771,560 | | | | 771,560 | | | | | | | | | |
Total assets | | $ | 12,598,962 | | | $ | 12,598,962 | | | $ | 11,392,144 | | | $ | 11,392,144 | | | $ | 9,653,609 | | | $ | 9,653,609 | | | | | | | | | |
Liabilities and Stockholders’ Deficit | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Current liabilities: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Accounts payable | | $ | 1,872,248 | | | $ | 1,872,248 | | | $ | 1,839,515 | | | $ | 1,839,515 | | | $ | 2,003,884 | | | $ | 2,003,884 | | | | | | | | | |
Accrued expenses | | | 1,827,655 | | | | 1,827,655 | | | | 1,825,684 | | | | 1,825,684 | | | | 2,244,583 | | | | 2,244,583 | | | | | | | | | |
Convertible promissory notes, current portion | | | 161,270 | | | | 161,270 | | | | 192,898 | | | | 192,898 | | | | 224,874 | | | | 224,874 | | | | | | | | | |
Senior secured convertible promissory notes, current portion | | | | | | | – | | | | | | | | – | | | | – | | | | – | | | | | | | | | |
Embedded conversion option liabilities, current portion | | | – | | | | – | | | | 186,484 | | | | 186,484 | | | | 160,371 | | | | 160,371 | | | | | | | | | |
Unsettled warrant obligation | | | – | | | | 5,498,331 | | | | – | | | | 3,918,351 | | | | – | | | | 4,822,100 | | | | | | | | | |
Loss contingency accrual | | | 15,474,595 | | | | 11,424,595 | | | | 15,347,341 | | | | 12,647,341 | | | | 14,653,227 | | | | 11,053,227 | | | | | | | | | |
Deferred revenue, current portion | | | 217,333 | | | | 217,333 | | | | 338,617 | | | | 338,617 | | | | 309,901 | | | | 309,901 | | | | | | | | | |
Total current liabilities | | | 19,553,101 | | | | 21,001,432 | | | | 19,730,539 | | | | 20,948,890 | | | | 19,596,840 | | | | 20,818,940 | | | | | | | | | |
Senior secured convertible promissory notes, less current portion | | | | | | | – | | | | – | | | | – | | | | – | | | | – | | | | | | | | | |
Embedded conversion option liabilities, less current portion | | | 228,435 | | | | 228,435 | | | | 5,286 | | | | 5,286 | | | | 3,629 | | | | 3,629 | | | | | | | | | |
Warrant and option derivative liabilities | | | 1,866,913 | | | | 1,866,913 | | | | 1,178,897 | | | | 1,178,897 | | | | 1,555,417 | | | | 1,555,417 | | | | | | | | | |
Deferred revenue, less current portion | | | 2,025,978 | | | | 2,025,978 | | | | 1,986,510 | | | | 1,986,510 | | | | 1,947,042 | | | | 1,947,042 | | | | | | | | | |
Total liabilities | | | 23,674,427 | | | | 25,122,758 | | | | 22,901,232 | | | | 24,119,583 | | | | 23,102,928 | | | | 24,325,028 | | | | | | | | | |
Series A-1 redeemable preferred stock | | | 1,468,930 | | | | 1,468,930 | | | | 1,511,701 | | | | 1,511,701 | | | | 1,555,117 | | | | 1,555,117 | | | | | | | | | |
Stockholders' Deficit: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Preferred stock, Series B | | | 1 | | | | 1 | | | | 1 | | | | 1 | | | | 1 | | | | 1 | | | | | | | | | |
Preferred stock, Series C | | | 1 | | | | 1 | | | | 2 | | | | 2 | | | | 2 | | | | 2 | | | | | | | | | |
Common stock | | | 2,073,832 | | | | 2,073,832 | | | | 2,112,215 | | | | 2,112,215 | | | | 2,191,303 | | | | 2,191,303 | | | | | | | | | |
Additional paid-in capital | | | 271,300,678 | | | | 270,372,948 | | | | 277,304,154 | | | | 276,297,774 | | | | 285,831,971 | | | | 284,939,885 | | | | | | | | | |
Promissory notes receivable, net | | | (26,402,020 | ) | | | (26,402,020 | ) | | | (28,966,005 | ) | | | (28,966,005 | ) | | | (31,055,048 | ) | | | (31,055,048 | ) | | | | | | | | |
Accumulated deficit | | | (259,516,887 | ) | | | (260,037,488 | ) | | | (263,471,156 | ) | | | (263,683,127 | ) | | | (271,972,665 | ) | | | (272,302,679 | ) | | | | | | | | |
Total stockholders' deficit | | | (12,544,395 | ) | | | (13,992,726 | ) | | | (13,020,789 | ) | | | (14,239,140 | ) | | | (15,004,436 | ) | | | (16,226,536 | ) | | | | | | | | |
Total liabilities and stockholders' deficit | | $ | 12,598,962 | | | $ | 12,598,962 | | | $ | 11,392,144 | | | $ | 11,392,144 | | | $ | 9,653,609 | | | $ | 9,653,609 | | | | | | | | | |
|
2013 Quarterly Consolidated Statements of Operations (unaudited) |
|
| | 31-Mar-13 | | | 30-Jun-13 | | | | | | | | | |
| | Three Months Ended | | | Three Months Ended | | | Six Months Ended | | | | | | | | | |
| | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
Revenue | | $ | 87,781 | | | $ | 87,781 | | | $ | 58,268 | | | $ | 58,268 | | | $ | 146,049 | | | $ | 146,049 | | | | | | | | | |
Cost of revenue | | | 34,359 | | | | 34,359 | | | | 16,859 | | | | 16,859 | | | | 51,218 | | | | 51,218 | | | | | | | | | |
Gross profit | | | 53,422 | | | | 53,422 | | | | 41,409 | | | | 41,409 | | | | 94,831 | | | | 94,831 | | | | | | | | | |
Operating expenses: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development | | | 2,992,000 | | | | 3,098,559 | | | | 2,862,237 | | | | 2,975,270 | | | | 5,854,237 | | | | 6,073,829 | | | | | | | | | |
General and administrative expenses | | | 2,825,864 | | | | 2,833,869 | | | | 2,643,319 | | | | 2,652,843 | | | | 5,469,183 | | | | 5,486,712 | | | | | | | | | |
Total operating expenses | | | 5,817,864 | | | | 5,932,428 | | | | 5,505,556 | | | | 5,628,113 | | | | 11,323,420 | | | | 11,560,541 | | | | | | | | | |
Loss from operations | | | (5,764,442 | ) | | | (5,879,006 | ) | | | (5,464,147 | ) | | | (5,586,704 | ) | | | (11,228,589 | ) | | | (11,465,710 | ) | | | | | | | | |
Non-operating income (expense): | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Interest income | | | 1,777 | | | | 1,777 | | | | 1,015 | | | | 1,015 | | | | 2,792 | | | | 2,792 | | | | | | | | | |
Interest expense and late fees | | | (524,189 | ) | | | (524,189 | ) | | | (370,228 | ) | | | (370,228 | ) | | | (894,417 | ) | | | (894,417 | ) | | | | | | | | |
Finance gain (cost) | | | (293,120 | ) | | | 336,880 | | | | (687,139 | ) | | | (291,139 | ) | | | (980,259 | ) | | | 45,741 | | | | | | | | | |
Fines and penalties | | | – | | | | – | | | | (587,147 | ) | | | (587,147 | ) | | | (587,147 | ) | | | (587,147 | ) | | | | | | | | |
Gain on extinguishment of debt | | | – | | | | – | | | | 438,587 | | | | 438,587 | | | | 438,587 | | | | 438,587 | | | | | | | | | |
Adjustments to fair value of unsettled warrant obligation | | | – | | | | (613,032 | ) | | | – | | | | (556,153 | ) | | | – | | | | (1,169,185 | ) | | | | | | | | |
Adjustments to fair value of derivatives | | | 166,933 | | | | 166,933 | | | | 57,713 | | | | 57,713 | | | | 224,646 | | | | 224,646 | | | | | | | | | |
Total non-operating expense | | | (648,599 | ) | | | (631,631 | ) | | | (1,147,199 | ) | | | (1,307,352 | ) | | | (1,795,798 | ) | | | (1,938,983 | ) | | | | | | | | |
Loss before provision for income tax | | | (6,413,041 | ) | | | (6,510,637 | ) | | | (6,611,346 | ) | | | (6,894,056 | ) | | | (13,024,387 | ) | | | (13,404,693 | ) | | | | | | | | |
Provision for income tax | | | – | | | | – | | | | – | | | | – | | | | – | | | | – | | | | | | | | | |
Net loss | | $ | (6,413,041 | ) | | $ | (6,510,637 | ) | | $ | (6,611,346 | ) | | $ | (6,894,056 | ) | | $ | (13,024,387 | ) | | $ | (13,404,693 | ) | | | | | | | | |
Loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.01 | ) | | | | | | | | |
Diluted | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.01 | ) | | | (0.01 | ) | | | | | | | | |
Weighted average shares outstanding: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | | 2,251,585,598 | | | | 2,251,585,598 | | | | 2,451,694,258 | | | | 2,451,694,258 | | | | 2,389,481,712 | | | | 2,389,481,712 | | | | | | | | | |
Diluted | | | 2,251,585,598 | | | | 2,251,585,598 | | | | 2,451,694,258 | | | | 2,451,694,258 | | | | 2,389,481,712 | | | | 2,389,481,712 | | | | | | | | | |
|
2013 Quarterly Consolidated Statements of Operations (unaudited) |
|
| | 30-Sep-13 | | | Three Months | | | | | | | | | | | | | |
| | Three Months Ended | | | Nine Months Ended | | | Ended | | | | | | | | | | | | | |
| | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | 31-Dec-13 | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
Revenue | | $ | 39,468 | | | $ | 39,468 | | | $ | 185,517 | | | $ | 185,517 | | | $ | 39,468 | | | | | | | | | | | | | |
Cost of revenue | | | 15,609 | | | | 15,609 | | | | 66,827 | | | | 66,827 | | | | 15,609 | | | | | | | | | | | | | |
Gross profit | | | 23,859 | | | | 23,859 | | | | 118,690 | | | | 118,690 | | | | 23,859 | | | | | | | | | | | | | |
Operating expenses: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development | | | 2,898,253 | | | | 3,061,332 | | | | 8,285,406 | | | | 8,668,077 | | | | 2,896,691 | | | | | | | | | | | | | |
General and administrative expenses | | | 3,211,866 | | | | 3,220,434 | | | | 9,148,133 | | | | 9,174,230 | | | | 2,882,837 | | | | | | | | | | | | | |
Change in estimate of loss on settlement of litigation | | | – | | | | – | | | | – | | | | – | | | | 6,228,621 | | | | | | | | | | | | | |
Total operating expenses | | | 6,110,119 | | | | 6,281,766 | | | | 17,433,539 | | | | 17,842,307 | | | | 12,008,149 | | | | | | | | | | | | | |
Loss from operations | | | (6,086,260 | ) | | | (6,257,907 | ) | | | (17,314,849 | ) | | | (17,723,617 | ) | | | (11,984,290 | ) | | | | | | | | | | | | |
Non-operating income (expense): | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Interest income | | | 162,548 | | | | 162,548 | | | | 165,340 | | | | 165,340 | | | | 578 | | | | | | | | | | | | | |
Interest expense and late fees | | | (271,021 | ) | | | (271,021 | ) | | | (1,165,438 | ) | | | (1,165,438 | ) | | | (272,146 | ) | | | | | | | | | | | | |
Finance gain (cost) | | | 343,002 | | | | 19,002 | | | | (637,257 | ) | | | 64,743 | | | | 30,419 | | | | | | | | | | | | | |
Fines and penalties | | | – | | | | – | | | | (587,147 | ) | | | (587,147 | ) | | | (375,080 | ) | | | | | | | | | | | | |
Gain on extinguishment of debt | | | – | | | | – | | | | 438,587 | | | | 438,587 | | | | – | | | | | | | | | | | | | |
Adjustments to fair value of unsettled warrant liability | | | – | | | | 455,034 | | | | – | | | | (714,151 | ) | | | 606,713 | | | | | | | | | | | | | |
Adjustments to fair value of derivatives | | | 146,609 | | | | 146,609 | | | | 371,255 | | | | 371,255 | | | | 121,986 | | | | | | | | | | | | | |
Total non-operating expense | | | 381,138 | | | | 512,172 | | | | (1,414,660 | ) | | | (1,426,811 | ) | | | 112,470 | | | | | | | | | | | | | |
Loss before provision for income tax | | | (5,705,122 | ) | | | (5,745,735 | ) | | | (18,729,509 | ) | | | (19,150,428 | ) | | | (11,871,820 | ) | | | | | | | | | | | | |
Provision for income tax | | | – | | | | – | | | | – | | | | – | | | | – | | | | | | | | | | | | | |
Net loss | | $ | (5,705,122 | ) | | $ | (5,745,735 | ) | | $ | (18,729,509 | ) | | $ | (19,150,428 | ) | | $ | (11,871,820 | ) | | | | | | | | | | | | |
Loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.01 | ) | | $ | (0.00 | ) | | | | | | | | | | | | |
Diluted | | | (0.00 | ) | | | (0.00 | ) | | | (0.01 | ) | | | (0.01 | ) | | | (0.00 | ) | | | | | | | | | | | | |
Weighted average shares outstanding: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | | 2,573,191,224 | | | | 2,573,191,224 | | | | 2,451,391,145 | | | | 2,451,391,145 | | | | 2,592,594,262 | | | | | | | | | | | | | |
Diluted | | | 2,573,191,224 | | | | 2,573,191,224 | | | | 2,451,391,145 | | | | 2,451,391,145 | | | | 2,592,594,262 | | | | | | | | | | | | | |
|
2012 Quarterly Consolidated Statements of Operations (unaudited) |
|
| | 31-Mar-12 | | | 30-Jun-12 | | | | | | | | | |
| | Three Months Ended | | | Three Months Ended | | | Six Months Ended | | | | | | | | | |
| | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
Revenue | | $ | 55,685 | | | $ | 55,685 | | | $ | 218,184 | | | $ | 218,184 | | | $ | 273,869 | | | $ | 273,869 | | | | | | | | | |
Cost of revenue | | | 15,609 | | | | 15,609 | | | | 15,609 | | | | 15,609 | | | | 31,218 | | | | 31,218 | | | | | | | | | |
Gross profit | | | 40,076 | | | | 40,076 | | | | 202,575 | | | | 202,575 | | | | 242,651 | | | | 242,651 | | | | | | | | | |
Operating expenses: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development | | | 2,440,542 | | | | 4,911,359 | | | | 2,068,098 | | | | 2,285,859 | | | | 4,508,640 | | | | 7,197,218 | | | | | | | | | |
General and administrative expenses | | | 3,019,005 | | | | 4,474,172 | | | | 2,612,471 | | | | 2,316,060 | | | | 5,631,476 | | | | 6,790,232 | | | | | | | | | |
Total operating expenses | | | 5,459,547 | | | | 9,385,531 | | | | 4,680,569 | | | | 4,601,919 | | | | 10,140,116 | | | | 13,987,450 | | | | | | | | | |
Loss from operations | | | (5,419,471 | ) | | | (9,345,455 | ) | | | (4,477,994 | ) | | | (4,399,344 | ) | | | (9,897,465 | ) | | | (13,744,799 | ) | | | | | | | | |
Non-operating income (expense): | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Interest income | | | 5,077 | | | | 5,077 | | | | 4,508 | | | | 4,508 | | | | 9,585 | | | | 9,585 | | | | | | | | | |
Interest expense and late fees | | | (272,324 | ) | | | (272,324 | ) | | | (275,292 | ) | | | (275,292 | ) | | | (547,616 | ) | | | (547,616 | ) | | | | | | | | |
Finance gain (cost) | | | 115,827 | | | | (1,684,173 | ) | | | 3,555,254 | | | | 2,205,254 | | | | 3,671,081 | | | | 521,081 | | | | | | | | | |
Fines and penalties | | | – | | | | – | | | | (3,500,000 | ) | | | (3,500,000 | ) | | | (3,500,000 | ) | | | (3,500,000 | ) | | | | | | | | |
Adjustments to fair value of unsettled warrant liability | | | – | | | | (315,996 | ) | | | – | | | | 1,579,980 | | | | – | | | | 1,263,984 | | | | | | | | | |
Adjustments to fair value of derivatives | | | (141,599 | ) | | | (141,599 | ) | | | 734,081 | | | | 734,081 | | | | 592,482 | | | | 592,482 | | | | | | | | | |
Total non-operating expense | | | (293,019 | ) | | | (2,409,015 | ) | | | 518,551 | | | | 748,531 | | | | 225,532 | | | | (1,660,484 | ) | | | | | | | | |
Loss before provision for income tax | | | (5,712,490 | ) | | | (11,754,470 | ) | | | (3,959,443 | ) | | | (3,650,813 | ) | | | (9,671,933 | ) | | | (15,405,283 | ) | | | | | | | | |
Provision for income tax | | | – | | | | – | | | | – | | | | – | | | | – | | | | – | | | | | | | | | |
Net loss | | $ | (5,712,490 | ) | | $ | (11,754,470 | ) | | $ | (3,959,443 | ) | | $ | (3,650,813 | ) | | $ | (9,671,933 | ) | | $ | (15,405,283 | ) | | | | | | | | |
Loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | | | | | | | |
Diluted | | | (0.00 | ) | | | (0.01 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.01 | ) | | | | | | | | |
Weighted average shares outstanding: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | | 1,942,293,307 | | | | 1,942,293,307 | | | | 2,076,212,012 | | | | 2,076,212,012 | | | | 2,010,442,657 | | | | 2,010,442,657 | | | | | | | | | |
Diluted | | | 1,942,293,307 | | | | 1,942,293,307 | | | | 2,076,212,012 | | | | 2,076,212,012 | | | | 2,010,442,657 | | | | 2,010,442,657 | | | | | | | | | |
|
2012 Quarterly Consolidated Statements of Operations (unaudited) |
|
| | 30-Sep-12 | | | 31-Dec-12 | | | | | | | | | |
| | Three Months Ended | | | Nine Months Ended | | | Three Months Ended | | | | | | | | | |
| | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
Revenue | | $ | 68,184 | | | $ | 68,184 | | | $ | 342,053 | | | $ | 342,053 | | | $ | 124,434 | | | $ | 124,434 | | | | | | | | | |
Cost of revenue | | | 15,609 | | | | 15,609 | | | | 46,827 | | | | 46,827 | | | | 70,609 | | | | 70,609 | | | | | | | | | |
Gross profit | | | 52,575 | | | | 52,575 | | | | 295,226 | | | | 295,226 | | | | 53,825 | | | | 53,825 | | | | | | | | | |
Operating expenses: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development | | | 2,808,300 | | | | 3,026,061 | | | | 7,316,940 | | | | 10,223,279 | | | | 3,717,896 | | | | 3,935,657 | | | | | | | | | |
General and administrative expenses | | | 2,249,818 | | | | 2,146,351 | | | | 7,881,294 | | | | 8,936,583 | | | | 2,570,936 | | | | 2,496,283 | | | | | | | | | |
Total operating expenses | | | 5,058,118 | | | | 5,172,412 | | | | 15,198,234 | | | | 19,159,862 | | | | 6,288,832 | | | | 6,431,940 | | | | | | | | | |
Loss from operations | | | (5,005,543 | ) | | | (5,119,837 | ) | | | (14,903,008 | ) | | | (18,864,636 | ) | | | (6,235,007 | ) | | | (6,378,115 | ) | | | | | | | | |
Non-operating income (expense): | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Interest income | | | 3,585 | | | | 3,585 | | | | 13,170 | | | | 13,170 | | | | 2,411 | | | | 2,411 | | | | | | | | | |
Interest expense and late fees | | | (278,493 | ) | | | (278,493 | ) | | | (826,109 | ) | | | (826,109 | ) | | | (278,493 | ) | | | (278,493 | ) | | | | | | | | |
Finance gain (cost) | | | (2,891,600 | ) | | | (1,991,600 | ) | | | 779,481 | | | | (1,470,519 | ) | | | (4,451,451 | ) | | | (5,544,951 | ) | | | | | | | | |
Gain (loss) on disposal of fixed assets | | | – | | | | – | | | | – | | | | – | | | | (17,138 | ) | | | (17,138 | ) | | | | | | | | |
Fines and penalties | | | – | | | | – | | | | (3,500,000 | ) | | | (3,500,000 | ) | | | – | | | | – | | | | | | | | | |
Adjustments to fair value of unsettled warrant liability | | | – | | | | (903,749 | ) | | | – | | | | 360,235 | | | | – | | | | 1,030,147 | | | | | | | | | |
Adjustments to fair value of derivatives | | | (336,200 | ) | | | (336,200 | ) | | | 256,282 | | | | 256,282 | | | | 633,601 | | | | 633,601 | | | | | | | | | |
Total non-operating expense | | | (3,502,708 | ) | | | (3,506,457 | ) | | | (3,277,176 | ) | | | (5,166,941 | ) | | | (4,111,070 | ) | | | (4,174,423 | ) | | | | | | | | |
Loss before provision for income tax | | | (8,508,251 | ) | | | (8,626,294 | ) | | | (18,180,184 | ) | | | (24,031,577 | ) | | | (10,346,077 | ) | | | (10,552,538 | ) | | | | | | | | |
Provision for income tax | | | – | | | | – | | | | – | | | | – | | | | – | | | | – | | | | | | | | | |
Net loss | | $ | (8,508,251 | ) | | $ | (8,626,294 | ) | | $ | (18,180,184 | ) | | $ | (24,031,577 | ) | | $ | (10,346,077 | ) | | $ | (10,552,538 | ) | | | | | | | | |
Loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.01 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | | | | | | | |
Diluted | | | (0.00 | ) | | | (0.00 | ) | | | (0.01 | ) | | | (0.01 | ) | | | (0.00 | ) | | | (0.00 | ) | | | | | | | | |
Weighted average shares outstanding: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | | 2,122,463,857 | | | | 2,122,463,857 | | | | 2,048,055,615 | | | | 2,048,055,615 | | | | 2,193,859,375 | | | | 2,193,859,375 | | | | | | | | | |
Diluted | | | 2,122,463,857 | | | | 2,122,463,857 | | | | 2,048,055,615 | | | | 2,048,055,615 | | | | 2,193,859,375 | | | | 2,193,859,375 | | | | | | | | | |
|
2011 Quarterly Consolidated Statements of Operations (unaudited) |
|
| | 31-Mar-11 | | | 30-Jun-11 | | | | | | | | | |
| | Three Months Ended | | | Three Months Ended | | | Six Months Ended | | | | | | | | | |
| | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
Revenue | | $ | 153,688 | | | $ | 153,688 | | | $ | 153,688 | | | $ | 153,688 | | | $ | 307,376 | | | $ | 307,376 | | | | | | | | | |
Cost of revenue | | | 22,900 | | | | 22,900 | | | | 281,500 | | | | 281,500 | | | | 304,400 | | | | 304,400 | | | | | | | | | |
Gross profit | | | 130,788 | | | | 130,788 | | | | (127,812 | ) | | | (127,812 | ) | | | 2,976 | | | | 2,976 | | | | | | | | | |
Operating expenses: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development | | | 1,474,773 | | | | 1,514,533 | | | | 1,532,271 | | | | 1,572,031 | | | | 3,007,044 | | | | 3,086,564 | | | | | | | | | |
General and administrative expenses | | | 3,197,526 | | | | 2,837,974 | | | | 1,951,728 | | | | 1,575,620 | | | | 5,149,254 | | | | 4,413,594 | | | | | | | | | |
Loss on settlement of litigation | | | 294,144 | | | | 294,144 | | | | – | | | | – | | | | 294,144 | | | | 294,144 | | | | | | | | | |
Total operating expenses | | | 4,966,443 | | | | 4,646,651 | | | | 3,483,999 | | | | 3,147,651 | | | | 8,450,442 | | | | 7,794,302 | | | | | | | | | |
Loss from operations | | | (4,835,655 | ) | | | (4,515,863 | ) | | | (3,611,811 | ) | | | (3,275,463 | ) | | | (8,447,466 | ) | | | (7,791,326 | ) | | | | | | | | |
Non-operating income (expense): | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Interest income | | | 11,784 | | | | 11,784 | | | | 10,765 | | | | 10,765 | | | | 22,549 | | | | 22,549 | | | | | | | | | |
Interest expense and late fees | | | (681,710 | ) | | | (681,710 | ) | | | (272,171 | ) | | | (272,171 | ) | | | (953,881 | ) | | | (953,881 | ) | | | | | | | | |
Finance gain (cost) | | | (2,625,875 | ) | | | (2,625,875 | ) | | | (245,734 | ) | | | (245,734 | ) | | | (2,871,609 | ) | | | (2,871,609 | ) | | | | | | | | |
Loss attributable to equity method investments | | | – | | | | – | | | | – | | | | – | | | | – | | | | – | | | | | | | | | |
Adjustments to fair value of unsettled warrant liability | | | – | | | | 1,579,980 | | | | – | | | | (126,398 | ) | | | – | | | | 1,453,582 | | | | | | | | | |
Adjustments to fair value of derivatives | | | 4,789,419 | | | | 4,789,419 | | | | (701,198 | ) | | | (701,198 | ) | | | 4,088,221 | | | | 4,088,221 | | | | | | | | | |
Total non-operating expense | | | 1,493,618 | | | | 3,073,598 | | | | (1,208,338 | ) | | | (1,334,736 | ) | | | 285,280 | | | | 1,738,862 | | | | | | | | | |
Loss before provision for income tax | | | (3,342,037 | ) | | | (1,442,265 | ) | | | (4,820,149 | ) | | | (4,610,199 | ) | | | (8,162,186 | ) | | | (6,052,464 | ) | | | | | | | | |
Provision for income tax | | | – | | | | – | | | | – | | | | – | | | | – | | | | – | | | | | | | | | |
Net loss | | $ | (3,342,037 | ) | | $ | (1,442,265 | ) | | $ | (4,820,149 | ) | | $ | (4,610,199 | ) | | $ | (8,162,186 | ) | | $ | (6,052,464 | ) | | | | | | | | |
Loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.01 | ) | | $ | (0.00 | ) | | | | | | | | |
Diluted | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.01 | ) | | | (0.00 | ) | | | | | | | | |
Weighted average shares outstanding: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | | 1,478,231,834 | | | | 1,478,231,834 | | | | 1,543,519,167 | | | | 1,543,519,167 | | | | 1,510,945,682 | | | | 1,510,945,682 | | | | | | | | | |
Diluted | | | 1,478,231,834 | | | | 1,478,231,834 | | | | 1,543,519,167 | | | | 1,543,519,167 | | | | 1,510,945,682 | | | | 1,510,945,682 | | | | | | | | | |
|
2011 Quarterly Consolidated Statements of Operations (unaudited) |
|
| | 30-Sep-11 | | | 31-Dec-11 | | | | | | | | | |
| | Three Months Ended | | | Nine Months Ended | | | Three Months Ended | | | | | | | | | |
| | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
Revenue | | $ | 132,805 | | | $ | 132,805 | | | $ | 440,181 | | | $ | 440,181 | | | $ | 66,238 | | | $ | 66,238 | | | | | | | | | |
Cost of revenue | | | 16,650 | | | | 16,650 | | | | 321,050 | | | | 321,050 | | | | 22,900 | | | | 22,900 | | | | | | | | | |
Gross profit | | | 116,155 | | | | 116,155 | | | | 119,131 | | | | 119,131 | | | | 43,338 | | | | 43,338 | | | | | | | | | |
Operating expenses: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Research and development | | | 4,035,722 | | | | 4,119,918 | | | | 7,042,766 | | | | 7,206,482 | | | | 2,910,458 | | | | 2,547,277 | | | | | | | | | |
General and administrative expenses | | | 2,976,219 | | | | 890,058 | | | | 8,125,473 | | | | 5,303,652 | | | | 2,899,986 | | | | 2,132,057 | | | | | | | | | |
Loss on settlement of litigation | | | – | | | | – | | | | 294,144 | | | | 294,144 | | | | – | | | | – | | | | | | | | | |
Total operating expenses | | | 7,011,941 | | | | 5,009,976 | | | | 15,462,383 | | | | 12,804,278 | | | | 5,810,444 | | | | 4,679,334 | | | | | | | | | |
Loss from operations | | | (6,895,786 | ) | | | (4,893,821 | ) | | | (15,343,252 | ) | | | (12,685,147 | ) | | | (5,767,106 | ) | | | (4,635,996 | ) | | | | | | | | |
Non-operating income (expense): | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Interest income | | | 5,833 | | | | 5,833 | | | | 28,382 | | | | 28,382 | | | | 6,732 | | | | 6,732 | | | | | | | | | |
Interest expense and late fees | | | (275,378 | ) | | | (275,378 | ) | | | (1,229,259 | ) | | | (1,229,259 | ) | | | (281,434 | ) | | | (281,434 | ) | | | | | | | | |
Finance gain (cost) | | | (48,197,130 | ) | | | (43,526,130 | ) | | | (51,068,739 | ) | | | (46,397,739 | ) | | | (9,765,431 | ) | | | (8,586,431 | ) | | | | | | | | |
Loss attributable to equity method investments | | | (820,000 | ) | | | (820,000 | ) | | | (820,000 | ) | | | (820,000 | ) | | | – | | | | – | | | | | | | | | |
Adjustments to fair value of unsettled warrant liability | | | – | | | | 2,275,172 | | | | – | | | | 3,728,754 | | | | – | | | | 4,234,347 | | | | | | | | | |
Adjustments to fair value of derivatives | | | 3,661,432 | | | | 3,661,432 | | | | 7,749,653 | | | | 7,749,653 | | | | 3,695,335 | | | | 3,695,335 | | | | | | | | | |
Total non-operating expense | | | (45,625,243 | ) | | | (38,679,071 | ) | | | (45,339,963 | ) | | | (36,940,209 | ) | | | (6,344,798 | ) | | | (931,451 | ) | | | | | | | | |
Loss before provision for income tax | | | (52,521,029 | ) | | | (43,572,892 | ) | | | (60,683,215 | ) | | | (49,625,356 | ) | | | (12,111,904 | ) | | | (5,567,447 | ) | | | | | | | | |
Provision for income tax | | | – | | | | – | | | | – | | | | – | | | | – | | | | – | | | | | | | | | |
Net loss | | $ | (52,521,029 | ) | | $ | (43,572,892 | ) | | $ | (60,683,215 | ) | | $ | (49,625,356 | ) | | $ | (12,111,904 | ) | | $ | (5,567,447 | ) | | | | | | | | |
Loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | $ | (0.03 | ) | | $ | (0.03 | ) | | $ | (0.04 | ) | | $ | (0.03 | ) | | $ | (0.01 | ) | | $ | (0.00 | ) | | | | | | | | |
Diluted | | | (0.03 | ) | | | (0.03 | ) | | | (0.04 | ) | | | (0.03 | ) | | | (0.01 | ) | | | (0.00 | ) | | | | | | | | |
Weighted average shares outstanding: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | | 1,613,530,283 | | | | 1,613,530,283 | | | | 1,546,379,685 | | | | 1,546,379,685 | | | | 1,547,852,307 | | | | 1,547,852,307 | | | | | | | | | |
Diluted | | | 1,613,530,283 | | | | 1,613,530,283 | | | | 1,546,379,685 | | | | 1,546,379,685 | | | | 1,547,852,307 | | | | 1,547,852,307 | | | | | | | | | |
|
2013 Quarterly Consolidated Statements of Cash Flows (unaudited) |
|
| | Three Months Ended March 31, 2013 | | | Six Months Ended June 30, 2013 | | | Nine Months Ended September 30, 2013 | | | | | | | | | |
| | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | | | | | | | |
CASH FLOWS FROM OPERATING ACTIVITIES: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Net loss | | $ | (6,413,041 | ) | | $ | (6,510,637 | ) | | $ | (13,024,387 | ) | | $ | (13,404,693 | ) | | $ | (18,729,509 | ) | | $ | (19,150,428 | ) | | | | | | | | |
Adjustments to reconcile net loss to net cash used in operating activities: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Depreciation | | | 17,852 | | | | 17,852 | | | | 37,702 | | | | 37,702 | | | | 64,320 | | | | 64,320 | | | | | | | | | |
Amortization of deferred charges | | | 34,359 | | | | 34,359 | | | | 81,218 | | | | 81,218 | | | | 96,828 | | | | 96,828 | | | | | | | | | |
Amortization of deferred revenue | | | (87,781 | ) | | | (87,781 | ) | | | (145,999 | ) | | | (145,999 | ) | | | (185,467 | ) | | | (185,467 | ) | | | | | | | | |
Redeemable preferred stock dividend accrual | | | 34,069 | | | | 34,069 | | | | 43,873 | | | | 43,873 | | | | 43,873 | | | | 43,873 | | | | | | | | | |
Stock based compensation | | | 1,018,060 | | | | 1,132,624 | | | | 1,793,884 | | | | 2,031,005 | | | | 2,650,530 | | | | 3,059,298 | | | | | | | | | |
Amortization of deferred issuance costs | | | 198,685 | | | | 198,685 | | | | 303,765 | | | | 303,765 | | | | 403,160 | | | | 403,160 | | | | | | | | | |
Amortization of discounts | | | 171,157 | | | | 171,157 | | | | 326,770 | | | | 326,770 | | | | 414,396 | | | | 414,396 | | | | | | | | | |
Adjustments to fair value of unsettled warrant obligation | | | – | | | | 613,032 | | | | – | | | | 1,169,185 | | | | – | | | | 714,151 | | | | | | | | | |
Adjustments to fair value of derivatives | | | (166,933 | ) | | | (166,933 | ) | | | (224,646 | ) | | | (224,646 | ) | | | (371,255 | ) | | | (371,255 | ) | | | | | | | | |
Shares of common stock issued for compensation | | | 420,955 | | | | 420,955 | | | | 849,659 | | | | 849,659 | | | | 1,272,363 | | | | 1,272,363 | | | | | | | | | |
Non-cash financing costs | | | (389,700 | ) | | | (1,019,700 | ) | | | (128,233 | ) | | | (1,154,233 | ) | | | (128,233 | ) | | | (830,233 | ) | | | | | | | | |
Gain on debt extinguishment | | | – | | | | – | | | | (438,587 | ) | | | (438,587 | ) | | | (438,587 | ) | | | (438,587 | ) | | | | | | | | |
Options issued for consulting services | | | 10,418 | | | | 10,418 | | | | 22,145 | | | | 22,145 | | | | 32,550 | | | | 32,550 | | | | | | | | | |
Changes in operating assets and liabilities: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Grants receivable | | | – | | | | – | | | | – | | | | – | | | | 70,740 | | | | 70,740 | | | | | | | | | |
Prepaid expenses and other assets | | | (382,327 | ) | | | (382,327 | ) | | | (210,873 | ) | | | (210,873 | ) | | | (847,021 | ) | | | (847,021 | ) | | | | | | | | |
Accounts payable and other liabilities | | | (2,742,221 | ) | | | (2,742,221 | ) | | | (1,769,780 | ) | | | (1,769,780 | ) | | | (1,759,433 | ) | | | (1,759,433 | ) | | | | | | | | |
Net cash used in operating activities | | | (8,276,448 | ) | | | (8,276,448 | ) | | | (12,483,489 | ) | | | (12,483,489 | ) | | | (17,410,745 | ) | | | (17,410,745 | ) | | | | | | | | |
CASH FLOWS FROM INVESTING ACTIVITIES: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Purchases of property and equipment | | | (98,386 | ) | | | (98,386 | ) | | | (434,598 | ) | | | (434,598 | ) | | | (586,091 | ) | | | (586,091 | ) | | | | | | | | |
Payment of lease deposits | | | (8,805 | ) | | | (8,805 | ) | | | (8,364 | ) | | | (8,364 | ) | | | (36,895 | ) | | | (36,895 | ) | | | | | | | | |
Net cash used in investing activities | | | (107,191 | ) | | | (107,191 | ) | | | (442,962 | ) | | | (442,962 | ) | | | (622,986 | ) | | | (622,986 | ) | | | | | | | | |
CASH FLOWS FROM FINANCING ACTIVITIES: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Proceeds from issuance of common stock | | | 5,253,221 | | | | 5,253,221 | | | | 11,748,653 | | | | 11,748,653 | | | | 16,844,532 | | | | 16,844,532 | | | | | | | | | |
Repayment of senior secured convertible debentures | | | – | | | | – | | | | (600,000 | ) | | | (600,000 | ) | | | (600,000 | ) | | | (600,000 | ) | | | | | | | | |
Net cash provided by financing activities | | | 5,253,221 | | | | 5,253,221 | | | | 11,148,653 | | | | 11,148,653 | | | | 16,244,532 | | | | 16,244,532 | | | | | | | | | |
Net decrease in cash and cash equivalents | | | (3,130,418 | ) | | | (3,130,418 | ) | | | (1,777,798 | ) | | | (1,777,798 | ) | | | (1,789,199 | ) | | | (1,789,199 | ) | | | | | | | | |
Cash and cash equivalents, beginning of period | | | 7,241,852 | | | | 7,241,852 | | | | 7,241,852 | | | | 7,241,852 | | | | 7,241,852 | | | | 7,241,852 | | | | | | | | | |
Cash and cash equivalents, end of period | | $ | 4,111,434 | | | $ | 4,111,434 | | | $ | 5,464,054 | | | $ | 5,464,054 | | | $ | 5,452,653 | | | $ | 5,452,653 | | | | | | | | | |
|
2012 Quarterly Consolidated Statements of Cash Flows (unaudited) |
|
| | Three Months Ended March 31, 2012 | | | Six Months Ended June 30, 2012 | | | Nine Months Ended September 30, 2012 | | | | | | | | | |
| | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | | | | | | | |
CASH FLOWS FROM OPERATING ACTIVITIES: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Net loss | | $ | (5,712,490 | ) | | $ | (11,754,470 | ) | | $ | (9,671,933 | ) | | $ | (15,405,283 | ) | | $ | (18,180,184 | ) | | $ | (24,031,577 | ) | | | | | | | | |
Adjustments to reconcile net loss to net cash used in operating activities: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Depreciation | | | 12,091 | | | | 12,091 | | | | 25,440 | | | | 25,440 | | | | 35,541 | | | | 35,541 | | | | | | | | | |
Amortization of deferred charges | | | 15,609 | | | | 15,609 | | | | 31,218 | | | | 31,218 | | | | 46,827 | | | | 46,827 | | | | | | | | | |
Amortization of deferred revenue | | | (55,685 | ) | | | (55,685 | ) | | | (273,869 | ) | | | (273,869 | ) | | | (342,053 | ) | | | (342,053 | ) | | | | | | | | |
Redeemable preferred stock dividend accrual | | | 31,308 | | | | 31,308 | | | | 65,583 | | | | 65,583 | | | | 100,409 | | | | 100,409 | | | | | | | | | |
Stock based compensation | | | 1,100,998 | | | | 5,026,982 | | | | 2,093,657 | | | | 5,940,991 | | | | 2,892,403 | | | | 6,854,031 | | | | | | | | | |
Amortization of deferred issuance costs | | | 200,893 | | | | 200,893 | | | | 401,786 | | | | 401,786 | | | | 604,887 | | | | 604,887 | | | | | | | | | |
Amortization of discounts | | | 40,123 | | | | 40,123 | | | | 80,247 | | | | 80,247 | | | | 120,813 | | | | 120,813 | | | | | | | | | |
Adjustments to fair value of unsettled warrant obligation | | | – | | | | 315,996 | | | | – | | | | (1,263,984 | ) | | | – | | | | (360,235 | ) | | | | | | | | |
Adjustments to fair value of derivatives | | | 141,599 | | | | 141,599 | | | | (592,482 | ) | | | (592,482 | ) | | | (256,282 | ) | | | (256,282 | ) | | | | | | | | |
Shares of common stock issued for compensation | | | 421,642 | | | | 421,642 | | | | 840,033 | | | | 840,033 | | | | – | | | | – | | | | | | | | | |
Non-cash financing costs | | | (115,827 | ) | | | 1,684,173 | | | | (3,671,081 | ) | | | (521,081 | ) | | | 1,263,676 | | | | 3,513,676 | | | | | | | | | |
Gain on debt extinguishment | | | – | | | | – | | | | – | | | | – | | | | (779,481 | ) | | | (779,481 | ) | | | | | | | | |
Options issued for consulting services | | | 29,172 | | | | 29,172 | | | | 38,571 | | | | 38,571 | | | | 51,122 | | | | 51,122 | | | | | | | | | |
Changes in operating assets and liabilities: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Grants receivable | | | – | | | | – | | | | – | | | | – | | | | (140,046 | ) | | | (140,046 | ) | | | | | | | | |
Prepaid expenses and other assets | | | 41,986 | | | | 41,986 | | | | 118,536 | | | | 118,536 | | | | 145,784 | | | | 145,784 | | | | | | | | | |
Accounts payable and other liabilities | | | (967,204 | ) | | | (967,204 | ) | | | 2,798,092 | | | | 2,798,092 | | | | 2,881,360 | | | | 2,881,360 | | | | | | | | | |
Net cash used in operating activities | | | (4,815,785 | ) | | | (4,815,785 | ) | | | (7,716,202 | ) | | | (7,716,202 | ) | | | (11,555,224 | ) | | | (11,555,224 | ) | | | | | | | | |
CASH FLOWS FROM INVESTING ACTIVITIES: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Purchases of property and equipment | | | (9,177 | ) | | | (9,177 | ) | | | (24,269 | ) | | | (24,269 | ) | | | (10,269 | ) | | | (10,269 | ) | | | | | | | | |
Net cash used in investing activities | | | (9,177 | ) | | | (9,177 | ) | | | (24,269 | ) | | | (24,269 | ) | | | (10,269 | ) | | | (10,269 | ) | | | | | | | | |
CASH FLOWS FROM FINANCING ACTIVITIES: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Proceeds from issuance of preferred stock | | | 2,500,000 | | | | 2,500,000 | | | | 4,500,000 | | | | 4,500,000 | | | | 6,000,000 | | | | 6,000,000 | | | | | | | | | |
Proceeds from issuance of common stock | | | – | | | | – | | | | – | | | | – | | | | 800,000 | | | | 800,000 | | | | | | | | | |
Repayment of senior secured convertible debentures | | | – | | | | – | | | | – | | | | – | | | | (83,500 | ) | | | (83,500 | ) | | | | | | | | |
Net cash provided by financing activities | | | 2,500,000 | | | | 2,500,000 | | | | 4,500,000 | | | | 4,500,000 | | | | 6,716,500 | | | | 6,716,500 | | | | | | | | | |
Net decrease in cash and cash equivalents | | | (2,324,962 | ) | | | (2,324,962 | ) | | | (3,240,471 | ) | | | (3,240,471 | ) | | | (4,848,993 | ) | | | (4,848,993 | ) | | | | | | | | |
Cash and cash equivalents, beginning of period | | | 13,103,007 | | | | 13,103,007 | | | | 13,103,007 | | | | 13,103,007 | | | | 13,103,007 | | | | 13,103,007 | | | | | | | | | |
Cash and cash equivalents, end of period | | $ | 10,778,045 | | | $ | 10,778,045 | | | $ | 9,862,536 | | | $ | 9,862,536 | | | $ | 8,254,014 | | | $ | 8,254,014 | | | | | | | | | |
|
2011 Quarterly Consolidated Statements of Cash Flows (unaudited) |
|
| | Three Months Ended March 31, 2011 | | | Six Months Ended June 30, 2011 | | | Nine Months Ended September 30, 2011 | | | Year Ended December 31, 2011 | |
| | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | | | As Previously Reported | | | As Restated | |
CASH FLOWS FROM OPERATING ACTIVITIES: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Net loss | | $ | (3,342,037 | ) | | $ | (1,442,265 | ) | | $ | (8,162,186 | ) | | $ | (6,052,464 | ) | | $ | (60,683,215 | ) | | $ | (49,625,356 | ) | | $ | (72,795,119 | ) | | $ | (55,192,803 | ) |
Adjustments to reconcile net loss to net cash used in operating activities: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Depreciation | | | 21,285 | | | | 21,285 | | | | 38,394 | | | | 38,394 | | | | 53,949 | | | | 53,949 | | | | 67,161 | | | | 67,161 | |
Amortization of deferred charges | | | 22,900 | | | | 22,900 | | | | 45,800 | | | | 45,800 | | | | 68,700 | | | | 68,700 | | | | 91,600 | | | | 91,600 | |
Amortization of deferred revenue | | | (153,688 | ) | | | (153,688 | ) | | | (307,376 | ) | | | (307,376 | ) | | | (415,231 | ) | | | (415,231 | ) | | | (506,419 | ) | | | (506,419 | ) |
Redeemable preferred stock dividend accrual | | | 28,149 | | | | 28,149 | | | | 59,301 | | | | 59,301 | | | | 90,953 | | | | 90,953 | | | | 122,605 | | | | 122,605 | |
Stock based compensation | | | 362,695 | | | | 42,903 | | | | 741,946 | | | | 85,806 | | | | 2,831,250 | | | | 173,145 | | | | 3,856,501 | | | | 67,286 | |
Amortization of deferred issuance costs | | | 594,647 | | | | 594,647 | | | | 795,540 | | | | 795,540 | | | | 998,641 | | | | 998,641 | | | | 1,201,741 | | | | 1,201,741 | |
Amortization of discounts | | | 58,913 | | | | 58,913 | | | | 94,022 | | | | 94,022 | | | | 132,736 | | | | 132,736 | | | | 180,172 | | | | 180,172 | |
Adjustments to fair value of unsettled warrant obligation | | | – | | | | (1,579,980 | ) | | | – | | | | (1,453,582 | ) | | | – | | | | (3,728,754 | ) | | | – | | | | (7,963,101 | ) |
Adjustments to fair value of derivatives | | | (4,789,419 | ) | | | (4,789,419 | ) | | | (4,088,221 | ) | | | (4,088,221 | ) | | | (7,749,653 | ) | | | (7,749,653 | ) | | | (11,444,988 | ) | | | (11,444,988 | ) |
Shares of common stock issued for services | | | 590,438 | | | | 590,438 | | | | 475,900 | | | | 475,900 | | | | 475,900 | | | | 475,900 | | | | 475,900 | | | | 475,900 | |
Shares of common stock issued for compensation | | | – | | | | – | | | | 423,138 | | | | 423,138 | | | | 2,025,658 | | | | 2,025,658 | | | | 2,673,960 | | | | 2,673,960 | |
Loss on settlement of litigation | | | 294,144 | | | | 294,144 | | | | 294,144 | | | | 294,144 | | | | 294,144 | | | | 294,144 | | | | 294,144 | | | | 294,144 | |
Non-cash financing costs | | | 2,625,875 | | | | 2,625,875 | | | | 2,871,609 | | | | 2,871,609 | | | | 51,068,739 | | | | 46,397,739 | | | | 60,834,170 | | | | 54,984,170 | |
Amortization of deferred joint venture obligations | | | (3,265 | ) | | | (3,265 | ) | | | – | | | | – | | | | – | | | | – | | | | (6,870 | ) | | | (6,870 | ) |
Options issued for consulting services | | | 664,944 | | | | 664,944 | | | | 769,347 | | | | 769,347 | | | | 794,714 | | | | 794,714 | | | | 834,443 | | | | 834,443 | |
Changes in operating assets and liabilities: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Grants receivable | | | – | | | | – | | | | – | | | | – | | | | (24,950 | ) | | | (24,950 | ) | | | – | | | | – | |
Prepaid expenses and other assets | | | (36,999 | ) | | | (36,999 | ) | | | (344,497 | ) | | | (344,497 | ) | | | (278,248 | ) | | | (278,248 | ) | | | (241,248 | ) | | | (241,248 | ) |
Accounts payable and other liabilities | | | (317,082 | ) | | | (317,082 | ) | | | (396,056 | ) | | | (396,056 | ) | | | (512,260 | ) | | | (512,260 | ) | | | 734,960 | | | | 734,960 | |
Net cash used in operating activities | | | (3,378,500 | ) | | | (3,378,500 | ) | | | (6,689,195 | ) | | | (6,689,195 | ) | | | (10,828,173 | ) | | | (10,828,173 | ) | | | (13,627,287 | ) | | | (13,627,287 | ) |
CASH FLOWS FROM INVESTING ACTIVITIES: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Purchases of property and equipment | | | (19,072 | ) | | | (19,072 | ) | | | (36,830 | ) | | | (36,830 | ) | | | (36,830 | ) | | | (36,830 | ) | | | (36,830 | ) | | | (36,830 | ) |
Net cash used in investing activities | | | (19,072 | ) | | | (19,072 | ) | | | (36,830 | ) | | | (36,830 | ) | | | (36,830 | ) | | | (36,830 | ) | | | (36,830 | ) | | | (36,830 | ) |
CASH FLOWS FROM FINANCING ACTIVITIES: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Proceeds from exercise of warrants and options | | | 1,258,136 | | | | 1,258,136 | | | | 2,950,940 | | | | 2,950,940 | | | | 3,377,715 | | | | 3,377,715 | | | | 3,377,715 | | | | 3,377,715 | |
Proceeds from issuance of preferred stock | | | – | | | | – | | | | 4,000,000 | | | | 4,000,000 | | | | 5,500,000 | | | | 5,500,000 | | | | 7,500,000 | | | | 7,500,000 | |
Net cash provided by financing activities | | | 1,258,136 | | | | 1,258,136 | | | | 6,950,940 | | | | 6,950,940 | | | | 8,877,715 | | | | 8,877,715 | | | | 10,877,715 | | | | 10,877,715 | |
Net decrease in cash and cash equivalents | | | (2,139,436 | ) | | | (2,139,436 | ) | | | 224,915 | | | | 224,915 | | | | (1,987,288 | ) | | | (1,987,288 | ) | | | (2,786,402 | ) | | | (2,786,402 | ) |
Cash and cash equivalents, beginning of period | | | 15,889,409 | | | | 15,889,409 | | | | 15,889,409 | | | | 15,889,409 | | | | 15,889,409 | | | | 15,889,409 | | | | 15,889,409 | | | | 15,889,409 | |
Cash and cash equivalents, end of period | | $ | 13,749,973 | | | $ | 13,749,973 | | | $ | 16,114,324 | | | $ | 16,114,324 | | | $ | 13,902,121 | | | $ | 13,902,121 | | | $ | 13,103,007 | | | $ | 13,103,007 | |
|
Selected operating results for the quarters ended 2013, 2012 and 2011 |
|
| | For the Quarter Ended | | | | | | | | | | | | | | | | | |
| | 31-Mar-13 | | | 30-Jun-13 | | | 30-Sep-13 | | | 31-Dec-13 | | | | | | | | | | | | | | | | | |
| | (restated) | | | (restated) | | | (restated) | | | | | | | | | | | | | | | | | | | | | |
Revenue | | $ | 87,781 | | | $ | 58,268 | | | $ | 39,468 | | | $ | 39,468 | | | | | | | | | | | | | | | | | |
Loss from operations | | | (5,879,006 | ) | | | (5,586,704 | ) | | | (6,257,907 | ) | | | (11,984,290 | ) | | | | | | | | | | | | | | | | |
Net loss | | | (6,510,637 | ) | | | (6,894,056 | ) | | | (5,745,735 | ) | | | (11,871,820 | ) | | | | | | | | | | | | | | | | |
Loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | | | | | | | | | | | | | | | |
Diluted | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | | | | | | | | | | | | | | |
|
| | For the Quarter Ended | | | | | | | | | | | | | | | | | |
| | 31-Mar-12 | | | 30-Jun-12 | | | 30-Sep-12 | | | 31-Dec-12 | | | | | | | | | | | | | | | | | |
| | (restated) | | | (restated) | | | (restated) | | | (restated) | | | | | | | | | | | | | | | | | |
Revenue | | $ | 55,685 | | | $ | 218,184 | | | $ | 68,184 | | | $ | 124,434 | | | | | | | | | | | | | | | | | |
Loss from operations | | | (9,345,455 | ) | | | (4,399,344 | ) | | | (5,119,837 | ) | | | (6,378,115 | ) | | | | | | | | | | | | | | | | |
Net loss | | | (11,754,470 | ) | | | (3,650,813 | ) | | | (8,626,294 | ) | | | (10,552,538 | ) | | | | | | | | | | | | | | | | |
Loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | $ | (0.01 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.00 | ) | | | | | | | | | | | | | | | | |
Diluted | | | (0.01 | ) | | | (0.00 | ) | | | (0.00 | ) | | | (0.00 | ) | | | | | | | | | | | | | | | | |
|
| | For the Quarter Ended | | | | | | | | | | | | | | | | | |
| | 31-Mar-11 | | | 30-Jun-11 | | | 30-Sep-11 | | | 31-Dec-11 | | | | | | | | | | | | | | | | | |
| | (restated) | | | (restated) | | | (restated) | | | (restated) | | | | | | | | | | | | | | | | | |
Revenue | | $ | 153,688 | | | $ | 153,688 | | | $ | 132,805 | | | $ | 66,238 | | | | | | | | | | | | | | | | | |
Loss from operations | | | (4,515,863 | ) | | | (3,275,463 | ) | | | (4,893,821 | ) | | | (4,635,996 | ) | | | | | | | | | | | | | | | | |
Net loss | | | (1,442,265 | ) | | | (4,610,199 | ) | | | (43,572,892 | ) | | | (5,567,447 | ) | | | | | | | | | | | | | | | | |
Loss per share: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Basic | | $ | (0.00 | ) | | $ | (0.00 | ) | | $ | (0.03 | ) | | $ | (0.00 | ) | | | | | | | | | | | | | | | | |
Diluted | | | (0.00 | ) | | | (0.00 | ) | | | (0.03 | ) | | | (0.00 | ) | | | | | | | | | | | | | | | | |