Contact: Investors: Media: Andrea F. Rabney Andrew Merrill Vice President or or David Pitts Stefania A. Bethlen Abernathy MacGregor Group Manager (212) 371-5999 Corporate Communications ImClone Systems Incorporated (646) 638-5058 FOR IMMEDIATE RELEASE IMCLONE SYSTEMS REPORTS THIRD QUARTER 2003 FINANCIAL RESULTS NEW YORK, NY - NOVEMBER 12, 2003 -- ImClone Systems Incorporated (Nasdaq: IMCL) announced today its financial results for the quarter ended September 30, 2003. Total revenues for the third quarter of 2003 were $23.6 million as compared with $15.0 million for the third quarter of 2002. Net loss was $16.5 million, or $0.22 per common share for the third quarter of 2003, compared with a net loss of $42.0 million, or $0.57 per common share for the same period in 2002. Year-to-date revenues for the nine months ended September 30, 2003 were $61.0 million as compared with $45.2 million for the same period in 2002. Year-to-date net loss for the nine months ended September 30, 2003 was $86.2 million, or $1.16 per common share, compared with a year-to-date net loss of $118.6 million, or $1.62 per common share, for the same period in 2002. The Company had $138.4 million in cash, cash equivalents and securities available for sale at September 30, 2003, compared with $247.7 million at December 31, 2002. THIRD QUARTER 2003 OVERVIEW Filing and Acceptance of BLA In October 2003 ImClone Systems and Bristol-Myers Squibb announced that the U.S. Food and Drug Administration (FDA) notified ImClone Systems that it accepted for filing and review the Company's Biologics License Application (BLA) for the use of ERBITUX(TM) (cetuximab) in combination with irinotecan for the treatment of patients with EGFR-expressing irinotecan-refractory metastatic colorectal cancer. The Companies previously announced that ImClone Systems had filed the BLA on August 14, 2003. The Companies also announced that, as requested, the application will be reviewed for accelerated approval and has been granted priority review designation by the FDA. Based on the priority review designation, the FDA has six months from the submission date, or until February 13, 2004 to take action on the BLA filing. - more - ImClone Systems Incorporated Page two Appointment of Joseph L. Fischer to Board of Directors In September 2003, the Company announced the appointment of Joseph L. Fischer to the Company's Board of Directors and Audit Committee. Mr. Fischer brings over 20 years of global managerial and operational experience in areas including consumer products and finance with specific expertise in commercialization of new products. Achievement of Two Regulatory Milestones in ERBITUX Agreement with Merck KGaA In July 2003, the Company announced that it achieved two equity-based milestones in its license agreement with Merck KGaA. The milestones were triggered by Merck KGaA's submission of applications for authorization to market ERBITUX(TM) for the treatment of metastatic colorectal cancer in the European Union and Switzerland. Merck KGaA's regulatory submissions were made with the European Agency for Evaluation of Medicinal Products (EMEA), the pharmaceutical regulatory body of the E.U., and with Swissmedic, the Swiss agency for therapeutic products. ImClone Systems received a milestone payment of $3 million for each of the two submissions. Upon receipt of these payments, ImClone Systems issued 92,276 shares and 90,944 shares of the Company's common stock to Merck KGaA for the Swiss and European Union submissions respectively. Both issuances represent the sale of these shares at a ten percent premium to market value, as defined, at the time each milestone was achieved, as provided in the Companies' license agreement. In December 1998, Merck KGaA licensed from ImClone Systems the right to develop ERBITUX outside of the U.S. and Canada and the co-exclusive right to develop ERBITUX in Japan. Advancements in Several Pipeline Programs In July 2003, ImClone Systems presented preclinical data highlighting progress made in the development of several pipeline programs at the 94th Annual Meeting of the American Association for Cancer Research (AACR) held July 11 - 14th. The Company presented a number of abstracts at the conference, including presentations on monoclonal antibody therapeutics being developed as angiogenesis and growth factor inhibitors. ImClone Systems Incorporated is committed to advancing oncology care by developing a portfolio of targeted biologic treatments, designed to address the medical needs of patients with a variety of cancers. The Company's three programs include growth factor blockers, cancer vaccines and angiogenesis inhibitors. ImClone Systems' strategy is to become a fully integrated biopharmaceutical company, taking its development programs from the research stage to the market. ImClone Systems is headquartered in New York with manufacturing facilities in Branchburg, New Jersey. - more - ImClone Systems Incorporated Page three The matters discussed in this news release may include forward-looking statements which involve potential risks and uncertainties. Important factors that may cause actual results to differ materially include, but are not limited to, the risks and uncertainties associated with completing pre-clinical and clinical trials of the company's compounds that demonstrate such compounds' safety and effectiveness; manufacturing losses and risks associated therewith; obtaining additional financing to support the company's operations; obtaining and maintaining regulatory approval for such compounds and complying with other governmental regulations applicable to the company's business; obtaining the raw materials necessary in the development of such compounds; consummating and maintaining collaborative arrangements with corporate partners for product development; achieving milestones under collaborative arrangements with corporate partners; developing the capacity to manufacture, market and sell the company's products, either directly or with collaborative partners; developing market demand for and acceptance of such products; competing effectively with other pharmaceutical and biotechnological products; obtaining adequate reimbursement from third party payers; attracting and retaining key personnel; legal costs and the outcome of outstanding legal proceedings and investigations including but not limited to our investigations pertaining to withholding tax issues; complying with covenants in the indenture for the company's Convertible Subordinated Notes and with the terms of other contractual obligations; obtaining patent protection for discoveries and risks associated with commercial limitations imposed by patents owned or controlled by third parties. The company does not undertake any obligation to update any forward-looking statements, whether as a result of new information, future events or otherwise. (See attached tables) IMCLONE SYSTEMS INCORPORATED CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS (in thousands, except per share data) (unaudited) THREE MONTHS ENDED NINE MONTHS ENDED SEPTEMBER 30, SEPTEMBER 30, ------------------------- ------------------------- 2003 2002 2003 2002 --------- --------- --------- --------- Revenues $ 23,583 $ 15,034 $ 61,029 $ 45,150 Operating expenses: Research and development 28,780 43,504 117,212 119,449 Marketing, general and administrative 13,750 12,341 30,852 36,943 (Recovery) write-down of withholding tax asset (3,384) -- (3,384) 3,384 Industrial Development Revenue Bonds tax expense -- 25 65 75 Expenses associated with BMS amended Commercial Agreement -- -- -- 2,250 --------- --------- --------- --------- Total operating expenses 39,146 55,870 144,745 162,101 --------- --------- --------- --------- Operating loss (15,563) (40,836) (83,716) (116,951) --------- --------- --------- --------- Other: Interest income (897) (2,259) (3,580) (7,427) Interest expense 2,240 3,162 7,000 10,003 Gain on securities available for sale (509) (264) (1,314) (1,500) --------- --------- --------- --------- Net interest and other expense 834 639 2,106 1,076 --------- --------- --------- --------- Loss before income taxes (16,397) (41,475) (85,822) (118,027) Provision for income taxes 123 550 337 550 --------- --------- --------- --------- Net loss $ (16,520) $ (42,025) $ (86,159) $(118,577) ========= ========= ========= ========= Net loss per common share - basic and diluted $ (0.22) $ (0.57) $ (1.16) $ (1.62) ========= ========= ========= ========= Weighted average shares outstanding 74,505 73,385 74,009 73,350 ========= ========= ========= ========= CONDENSED CONSOLIDATED BALANCE SHEETS (in thousands) (unaudited) SEPTEMBER 30, DECEMBER 31, 2003 2002 ------------- ------------ ASSETS Current assets: Cash and cash equivalents $ 38,765 $ 72,877 Securities available for sale 99,642 174,778 Withholding tax assets 370 10,150 Other current assets 23,884 27,380 ---------- ---------- Total current assets 162,661 285,185 Property and equipment, net 226,846 183,539 Other assets 13,802 15,782 ---------- ---------- Total assets $ 403,309 $ 484,506 ========== ========== LIABILITIES AND STOCKHOLDERS' EQUITY (DEFICIT) Current liabilities (excluding deferred revenue and withholding tax liability) $ 44,144 $ 68,768 Withholding tax liability 21,006 38,811 Deferred revenue 349,214 322,504 Long-term obligations 240,044 240,052 ------- ------- Total liabilities 654,408 670,135 Stockholders' deficit (251,099) (185,629) ---------- ---------- Total liabilities and stockholders' equity (deficit) $ 403,309 $ 484,506 ========== ==========