Press Releases

Cipher reports Q2 2009 financial results

    Toronto Stock Exchange Symbol: DND

    MISSISSAUGA, ON, July 29 /CNW/ - Cipher Pharmaceuticals Inc. (TSX: DND)
today announced its financial and operational results for the three and six
months ended June 30, 2009.Q2 2009 Summary
    ---------------
    -   Finalized FDA Special Protocol Assessment ("SPA") for CIP-
        ISOTRETINOIN Phase III safety trial.
    -   Continued steady growth of Lipofen(R) prescriptions.
    -   Total revenue of $0.7 million, compared with $0.3 million in Q2 2008.
    -   A strengthened balance sheet at quarter end with cash of $9.6 million
        and no debt."The second quarter was highlighted by continued steady growth in Lipofen
prescriptions as our partner Kowa expands its sales team," said Larry Andrews,
President and CEO of Cipher. "We were also pleased to finalize the study
protocol and make important progress in preparation for our CIP-ISOTRETINOIN
safety study, which will begin enrolling patients shortly. Given our solid
financial position, we continue to focus on in-licensing activity to expand
our pipeline."Financial Review
    ----------------Total revenue in Q2 2009 was $0.7 million, compared with $0.3 million in
Q2 2008, driven by the continued market penetration of Lipofen(R) as Kowa
expands its sales force.
    Gross Research and Development ("R&D") expenditures for Q2 2009 were $1.5
million, an increase of $0.4 million compared with the same period in 2008.
The reported amount of $0.2 million for Q2 is net of reimbursements of $1.3
million from Ranbaxy related to the CIP-ISOTRETINOIN clinical study.
Operating, General and Administrative ("OG&A") expenses for Q2 2009 were $1.1
million, compared with $1.0 million in Q2 2008. The increase reflects the
addition of new business development resources in late 2008 to support the
Company's in-licensing and out-licensing activities. The loss for the three
months ended June 30, 2009 was $0.8 million ($0.03 per basic and diluted
share), a decrease of 57% compared with the loss of $1.8 million ($0.08 per
basic and diluted share) in Q2 2008. The improved performance was primarily a
result of increased revenue generated from the Lipofen(R) U.S. distribution
agreement and reduced R&D expenditures.
    For the six months ended June 30, 2009, the Company recorded revenue of
$1.3 million, compared with $0.5 million in the first half of 2008. The loss
for the first six months of 2009 was $1.6 million ($0.06 per basic and diluted
share), compared with $2.9 million ($0.12 per basic and diluted share) in the
first half of 2008.
    The Company's financial position remained solid at quarter end. As at
June 30, 2009, Cipher had cash of $9.6 million, compared with $9.9 million as
at December 31, 2008 and $9.1 million at the end of Q1 2009. During the second
quarter of 2009 Cipher received a US$1 million payment from Kowa in return for
the partial waiver of a non-compete covenant in the licensing and distribution
agreement for Lipofen. The waiver relates to a combination product and not a
fenofibrate only formulation that would compete with Lipofen. Cipher will
receive additional payments under the revised agreement should Kowa be
successful in commercializing its combination product, which Cipher
anticipates to be 2013 at the earliest. The revised agreement includes
provisions to ensure Lipofen(R) royalty revenue is not negatively impacted
once the combination product reaches the market.Product Update
    --------------During Q2 2009, Lipofen(R) monthly prescriptions showed steady growth,
and Cipher expects this trend to continue as Kowa increases penetration of the
primary care physicians in its targeted regions and expands its sales force.
Since the Kowa acquisition, the number of sales reps has increased from
approximately 65 to 140 currently, with further increases planned in 2010.
    During Q2 2009, the Company finalized the study protocol for its Phase
III safety trial for CIP-ISOTRETINOIN under a Special Protocol Assessment
("SPA"). The Company has commenced the study, with enrolment expected to begin
in Q3 2009. The 800-patient study will be a double-blind, randomized trial
comparing CIP-ISOTRETINOIN to an FDA-approved, commercially available
isotretinoin product. The study will be conducted in the U.S. and Canada over
an 18-month period.
    During Q2 2008, Cipher submitted a revised NDA to the FDA for
CIP-TRAMADOL ER, the Company's extended-release formulation of tramadol. In
February 2009, the Company received tentative approval from the FDA. While the
product meets all the FDA's requirements for manufacturing quality, clinical
safety and efficacy, the Company must resolve a patent issue associated with
the reference product, Ultram(R) ER, before CIP-TRAMADOL ER is commercialized.
    Cipher continues to actively pursue new early stage pipeline products and
advance out-licensing discussions for its current products.Notice of Conference Call
    -------------------------Cipher will hold a conference call today, July 29, 2009, at 8:30 a.m.
(ET) to discuss its financial results and other corporate developments. To
access the conference call by telephone, dial 416-644-3422 or 1-800-591-7539.
A live audio webcast of the call will be available at www.cipherpharma.com.
The webcast will be archived for 90 days.

    About Cipher Pharmaceuticals Inc.

    Cipher Pharmaceuticals is a drug development company focused on
commercializing novel formulations of successful, currently marketed molecules
using advanced drug delivery technologies. Cipher's strategy is to in-license
products that incorporate proven drug delivery technologies and advance them
through the clinical development and regulatory approval stages, after which
the products are out-licensed to international partners. Because Cipher's
products are based on proven technology platforms applied to currently
marketed drugs, they are expected to have lower approval risk, shorter
development timelines and significantly lower development costs. The Company's
lead compound, CIP-FENOFIBRATE, received final approval from the U.S. Food and
Drug Administration and Health Canada in the first quarter of 2006. The
product is being marketed in the United States by Kowa Pharmaceuticals America
under the label Lipofen(R). In addition, Cipher is developing formulations of
the pain reliever tramadol (tentative FDA approval in February 2009) and the
acne treatment isotretinoin (FDA approvable letter in April 2007).
    Cipher is listed on the Toronto Stock Exchange under the symbol 'DND' and
has approximately 24 million shares outstanding. For more information, please
visit www.cipherpharma.com.

    Forward-Looking Statements

    Statements made in this news release, other than those concerning
historical financial information, may be forward-looking and therefore subject
to various risks and uncertainties. Some forward-looking statements may be
identified by words like "may", "will", "anticipate", "estimate", "expect",
"intend", or "continue" or the negative thereof or similar variations. Certain
material factors or assumptions are applied in making forward-looking
statements and actual results may differ materially from those expressed or
implied in such statements. Factors that could cause results to vary include
those identified in the Company's Annual Information Form and other filings
with Canadian securities regulatory authorities, such as the applicability of
patents and proprietary technology; possible patent litigation; regulatory
approval of products in the Company's pipeline; changes in government
regulation or regulatory approval processes; government and third-party payer
reimbursement; dependence on strategic partnerships for product candidates and
technologies, marketing and R&D services; meeting projected drug development
timelines and goals; intensifying competition; rapid technological change in
the pharmaceutical industry; anticipated future losses; the ability to access
capital to fund R&D; and the ability to attract and retain key personnel. All
forward-looking statements presented herein should be considered in
conjunction with such filings. Except as required by Canadian securities laws,
the Company does not undertake to update any forward-looking statements; such
statements speak only as of the date made.Cipher Pharmaceuticals Inc.
    Unaudited Balance Sheets
    (in thousands of dollars)

                                                             As at
                                                        June 30, December 31,
                                                          2009       2008

    ASSETS

    Current assets
    Cash                                            $     9,634  $     9,881
    Accounts receivable                                     851          512
    Income taxes receivable                                   6            6
    Prepaid expenses and other current assets               287          380
    Current portion of loan receivable (note 2)             760          608
    -------------------------------------------------------------------------
                                                         11,538       11,387

    Property and equipment, net                             115          147

    Loan receivable                                           -          717

    Intangible assets, net (note 3)                       3,871        4,126

    -------------------------------------------------------------------------
    -------------------------------------------------------------------------
                                                    $    15,524  $    16,377
    -------------------------------------------------------------------------
    -------------------------------------------------------------------------

    LIABILITIES

    Current liabilities
    Accounts payable and accrued liabilities        $       833  $     1,178
    Current portion of deferred revenue                   1,932        1,177
    -------------------------------------------------------------------------
                                                          2,765        2,355

    Deferred revenue                                        967          994
    -------------------------------------------------------------------------
                                                          3,732        3,349
    -------------------------------------------------------------------------

    SHAREHOLDERS' EQUITY

    Share capital (note 4)                               49,948       49,948
    Contributed surplus                                  31,938       31,613
    Deficit                                             (70,094)     (68,533)
    -------------------------------------------------------------------------
                                                         11,792       13,028
    -------------------------------------------------------------------------

    -------------------------------------------------------------------------
    -------------------------------------------------------------------------
                                                    $    15,524  $    16,377
    -------------------------------------------------------------------------
    -------------------------------------------------------------------------
    The accompanying notes are an integral part of these unaudited financial
    statements



    Cipher Pharmaceuticals Inc.
    Unaudited Statements of Operations and Comprehensive Loss
    (in thousands of dollars, except per share amounts)

                                   For the three              For the six
                                    months ended              months ended
                                      June 30                   June 30
                                 2009         2008         2009         2008
    Revenues
      Licensing revenue   $       678  $       277  $     1,280  $       454
    -------------------------------------------------------------------------

    Expenses
      Research and
       development                225        1,092          454        1,542
      Operating, general
       and
       administrative           1,057          967        2,046        1,778
      Amortization of
       property and
       equipment                   18           18           37           35
      Amortization of
       intangible assets          189          116          377          233
      Interest income             (27)        (113)         (73)        (251)
    -------------------------------------------------------------------------
                                1,462        2,080        2,841        3,337
    -------------------------------------------------------------------------

    Loss and comprehensive
     loss for the period  $      (784) $    (1,803) $    (1,561) $    (2,883)
    -------------------------------------------------------------------------
    -------------------------------------------------------------------------

    Basic and diluted
     loss per share
     (note 5)             $     (0.03) $     (0.08) $     (0.06) $     (0.12)
    -------------------------------------------------------------------------
    -------------------------------------------------------------------------
    The accompanying notes are an integral part of these unaudited financial
    statements



    Cipher Pharmaceuticals Inc.
    Unaudited Statements of Deficit
    (in thousands of dollars)

                                   For the three              For the six
                                    months ended              months ended
                                      June 30                   June 30
                                 2009         2008         2009         2008
    Deficit, beginning
     of period            $   (69,310) $   (66,383) $   (68,533) $   (65,303)

    Loss for the period          (784)      (1,803)      (1,561)      (2,883)
    -------------------------------------------------------------------------

    Deficit, end of
     period               $   (70,094) $   (68,186)  $  (70,094) $   (68,186)
    -------------------------------------------------------------------------
    -------------------------------------------------------------------------
    The accompanying notes are an integral part of these unaudited financial
    statements



    Cipher Pharmaceuticals Inc.
    Unaudited Statements of Cash Flows
    (in thousands of dollars)

                                   For the three              For the six
                                    months ended              months ended
                                      June 30                   June 30
                                 2009         2008         2009         2008

    Cash provided by (used in)

    Operating activities
      Loss                $      (784) $    (1,803) $    (1,561) $    (2,883)
      Items not affecting
       cash
        Amortization of
         property and
         equipment                 18           18           37           35
        Amortization of
         intangible
         assets                   189          116          377          233
        Stock-based
         compensation
         expense                  164          161          325          278
        Imputed interest
         (note 2)                 (19)         (32)         (47)         (73)
    -------------------------------------------------------------------------
                                 (432)      (1,540)        (869)      (2,410)
      Net change in
       non-cash operating
       items                      968        1,013          137        1,192
      Drawdown of loan
       receivable                   -          111            -          111
    -------------------------------------------------------------------------

                                  536         (416)        (732)      (1,107)
    -------------------------------------------------------------------------

    Investing activities
      Proceeds from loan
       receivable
       (note 2)                     -            -          612            -
      Acquisition of
       intangible rights            -            -         (122)           -
      Purchase of
       property and
       equipment                   (5)          (3)          (5)          (3)
    -------------------------------------------------------------------------

                                   (5)          (3)         485           (3)
    -------------------------------------------------------------------------

    Increase (Decrease)
     in cash                      531         (419)        (247)      (1,110)
    Cash, beginning of
     period                     9,103       10,270        9,881       10,961
    -------------------------------------------------------------------------
    -------------------------------------------------------------------------
    Cash, end of period   $     9,634  $     9,851  $     9,634  $     9,851
    -------------------------------------------------------------------------
    -------------------------------------------------------------------------
    The accompanying notes are an integral part of these unaudited financial
    statements


    Cipher Pharmaceuticals Inc.
    Notes to Unaudited Financial Statements
    June 30, 2009
    (in thousands of dollars, except per share amounts)

    1   SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

        Basis of presentation

        The accompanying unaudited interim financial statements of the
        Company have been prepared in accordance with accounting principles
        generally accepted in Canada for interim reporting. Accordingly,
        these financial statements do not include all of the disclosures
        required by generally accepted accounting principles for annual
        financial statements and should be read in conjunction with the
        annual financial statements of the Company. In the opinion of
        management, all adjustments considered necessary for fair
        presentation have been included. All such adjustments are of a normal
        recurring nature. Operating results for the six months ended June 30,
        2009 are not necessarily indicative of the results that may be
        expected for the fiscal year ending December 31, 2009.

        There have been no changes to the accounting policies as described in
        Note 1 and Note 2 to the financial statements for the year ended
        December 31, 2008.

    2   LOAN RECEIVABLE

        On February 28, 2005, the Company completed the sale of its wholly-
        owned pharmaceutical research services business, Pharma Medica
        Research Inc. (Pharma Medica). Consideration consisted of a cash
        payment of $14,000 and a deferred payment of $4,000. The deferred
        payment is non-interest bearing and is repayable in annual
        instalments of $800 over a five year period. As the deferred payment
        is non-interest bearing, it was originally recorded at its fair value
        of $3,112 based on a discount rate of 9%. Imputed interest of $47 has
        been recorded on this deferred payment during the six months ended
        June 30, 2009 ($73 during the six months ended June 30, 2008). In
        accordance with the terms of the deferred payment agreement, $188 of
        clinical services purchased from Pharma Medica were offset against
        the annual instalment received on January 30, 2009.

    3   INTANGIBLE ASSETS

        During fiscal 2001, the Company entered into certain agreements with
        Galephar Pharmaceutical Research Inc. ("Galephar") for the rights to
        package, test, obtain regulatory approvals and market certain
        products in various countries around the world. In accordance with
        the terms of the agreements, the Company has acquired these
        intangible rights through an investment in three separate series of
        preferred shares of Galephar. The Company may be required to pay
        additional amounts to Galephar in respect of the CIP-ISOTRETINOIN and
        CIP-TRAMADOL ER intangible rights of up to $1,628 (US$1,400) if
        certain future milestones are achieved as defined in the agreements.
        These additional payments will be made in the form of additional
        Galephar preferred share purchases. The recovery of these intangible
        rights is dependant upon sufficient revenues being generated from the
        related products currently under development and commercialization.
        The Company is currently amortizing the intangible rights related to
        CIP-FENOFIBRATE and CIP-ISOTRETINOIN.

        With regard to CIP-FENOFIBRATE, in July 2007 the Company entered into
        a licensing and distribution agreement with Kowa Pharmaceuticals
        America, Inc. ("Kowa"), under which Kowa was granted the exclusive
        right to market, sell and distribute Lipofen in the United States.
        The Company received an up-front licensing payment of US$2 million
        and, under the terms of the agreement, could receive additional
        milestone payments of up to US$20 million based on the achievement of
        certain net sales targets. The Company also receives a royalty based
        on a percentage of net sales. These elements are reflected in
        licensing revenue, which also incorporates product-related expenses
        and amounts due to Galephar, the Company's technology partner. During
        the second quarter of 2009, the Company received a US$1 million
        payment from Kowa in return for the partial waiver of a non-compete
        covenant in the licensing and distribution agreement for Lipofen. The
        waiver relates to a combination product and not a fenofibrate only
        formulation that would compete with Lipofen. Under the revised
        agreement the Company will receive additional payments should Kowa be
        successful in commercializing its combination product and it includes
        to ensure Lipofen revenue is not impacted once the combination
        product reaches the market. Revenue is being recognized on this
        payment using a straight-line amortization method over the estimated
        commercial life of the product. After product-related expenses are
        deducted, approximately 50% of all milestone and royalty payments
        received by the Company under the agreement will be paid to Galephar.
        Lipofen was launched in the U.S. market in 2007.

        In August 2008, the Company entered into a development, distribution
        and supply agreement with Ranbaxy Pharmaceuticals Inc. ("Ranbaxy")
        under which Ranbaxy was granted the exclusive right to market, sell
        and distribute CIP-ISOTRETINOIN in the United States. Under the terms
        of the agreement, the Company received an up-front licensing payment
        of US$1 million and could receive additional pre- and post-
        commercialization milestone payments of up to US$23 million, based on
        the achievement of certain milestone targets. Once the product is
        commercialized, the Company will also receive a royalty based on a
        percentage of net sales. In addition, Ranbaxy will reimburse the
        Company for the costs of the clinical studies required by the FDA to
        secure NDA approval, up to a predetermined cap. Any additional
        development costs associated with initial FDA approval will be shared
        equally. The Company is responsible for all product development
        activities, including management of the clinical studies required by
        the FDA to secure NDA approval and is also responsible for product
        supply and manufacturing, which will be fulfilled by Galephar. After
        product-related expenses are deducted, approximately 50% of all
        milestone and royalty payments received by the Company under the
        agreement will be paid to Galephar.

    4   SHARE CAPITAL

        Authorized share capital

        The authorized share capital consists of an unlimited number of
        preference shares, issuable in series, and an unlimited number of
        voting common shares.

        Issued share capital

        There have been no changes in the Company's share capital during the
        period from December 31, 2007 to June 30, 2009. The following is a
        summary of the Company's share capital as at June 30, 2009:


                                                    Number of
                                                  common shares       Amount
                                                  (in thousands)         $

        Balance outstanding - June 30, 2009              24,055       49,948
                                                 ----------------------------
                                                 ----------------------------


        Stock option plan

        The following is a summary of the changes in the stock options
        outstanding from December 31, 2007 to June 30, 2009:

                                                                    Weighted
                                                                     average
                                                    Number of       exercise
                                                     options          price
                                                  (in thousands)        $

        Balance outstanding - December 31, 2007             998         3.36
          Options granted during 2008                       483         0.78
          Options that expired or were cancelled
           during 2008                                     (105)        2.55
                                                 ---------------
        Balance outstanding - December 31, 2008           1,376         2.51

          Options granted during the three months
           ended March 31, 2009                             204         0.61
                                                 ---------------
        Balance outstanding - June 30, 2009               1,580         2.27
                                                 ---------------
                                                 ---------------

        At June 30, 2009, 766,974 options were fully vested and exercisable
        (545,482 at June 30, 2008).

        During the three months ended March 31, 2009, the Company issued
        204,375 stock options under the employee and director stock option
        plan, which have an exercise price of $0.61, 25% of which vest on
        February 20 of each year, commencing in 2010, and expire in 2019.
        Total compensation cost for these stock options is estimated to be
        $114. This cost will be recognized over the vesting period of the
        stock options.

        The stock options issued during the three months ended March 31, 2009
        were valued using the Black-Scholes option pricing model with the
        following assumptions:

           Risk-free interest rate                   3.14%
           Expected life                          10 years
           Expected volatility                         99%
           Expected dividend                           Nil


    5   LOSS PER SHARE

        Loss per share is calculated using the weighted average number of
        shares outstanding. The weighted average number of shares
        outstanding for the six and three month periods ended June 30, 2009
        and for the six and three month periods ended June 30, 2008 was
        24,054,878.

        As the Company had a loss for each of the periods presented, basic
        and diluted loss per share are the same because the exercise of all
        stock options would have an anti-dilutive effect.%SEDAR: 00020415E



For further information:
For further information: Craig Armitage, Investor Relations, The Equicom
Group, (416) 815-0700 ext 278, (416) 815-0080 fax, carmitage@equicomgroup.com;
Larry Andrews, President and CEO, Cipher Pharmaceuticals, (905) 602-5840 ext
324, (905) 602-0628 fax, landrews@cipherpharma.com