To: The Fox who wrote (2069 ) 2/20/2002 12:47:06 PM From: The Fox Read Replies (1) | Respond to of 2515 Published with permission... Since the last Update, there have been more developments in the ongoing ImClone situation. Last week, ImClone responded to Bristol Myers' restructuring request by saying that they are happy with the current structure, denying Bristol their request. This decision was based on the outcome of a meeting of a special committee of ImClone directors#that is, independent directors, or, directors which excluded the Waksals and the Bristol executives on ImClone's board. Bristol subsequently responded to ImClone's response by saying that they will continue to provide full support until the meeting with the FDA, which is scheduled for February 26. So, once again we are in waiting mode. At the meeting on the 26th, ImClone and Bristol will learn exactly what is required for their marketing application for Erbitux for the treatment of refractory colorectal cancer to be accepted, and for Erbitux to ultimately be approved for this indication. Keep in mind, however, that while a further delay could result following the meeting - depending on what the FDA has to say - ImClone could still have the option of filing for approval in head and neck cancer. This is something which hasn't been talked about. In the meantime, ImClone's stock has received some support from the announcement that financier Carl Icahn has filed to acquire up to $500 million of ImClone stock, which represented almost 40% of the company based on last Thursday's closing price of $17.60. It should be noted that ImClone's board has adopted a shareholder rights plan to prevent a hostile takeover. However, this plan would not prevent "an unsolicited acquisition of ImClone," and definitely wouldn't prevent Icahn from buying the $500 million worth of ImClone stock. Things will become much more clear after the meeting with the FDA next week. Let's not forget, however, that above and beyond all that has taken place, we still believe that Erbitux is a very good drug, and will eventually receive FDA approval. This has been the Medical Technology Stock Letter Weekly Update for Tuesday, February 19, 2002. Copyright 2002, the Piedmont Venture Group. All rights reserved. Reproduced by permission from MTSL. The Fox