To: axial who wrote (9872 ) 6/21/2002 12:08:20 AM From: Joe Krupa Read Replies (3) | Respond to of 14101 Hi Jim et al. I meant to post on this a week ago but never got around to it. I watched a bit of the congressional hearings into the ImClone insider trading scandal, last week. In one day they had both the new CEO of ImClone, as well as an FDA procedural expert, testifying before the congressional committee. The committee was trying to determine at what point in the review process does the NDA sponsor become aware of the FDA's intent regarding either approval or rejection of the drug. This determination was essential to proving that the company's executives had foreknowledge when they sold their shares days before the FDA rejected their drug, Erbitux. Those witnesses testifying on behalf of the FDA said that due to the interactive dialogue throughout the whole review process, the NDA sponsor is kept well aware of which direction the review is proceeding towards. It was further said that the NDA sponsor has a very good idea, well in advance of a decision, if the drug will be approved or rejected and that it was virtually impossible for a company to think they are about to get approved when in fact rejection is on the way. The FDA expert witness then testified that there is no reason to ever not let the NDA sponsor know where they stand in the process. The FDA review process, he suggested, was to facilitate a drug through to approval and aid the sponsor if correctable deficiencies are found. Therefore the FDA is a friend to the sponsor rather than a belligerent adversary, who keeps the company in a guessing game regarding their odds. When pressed by the committee, the FDA person said that the main reason the details are not revealed to the public throughout the process is to protect trade secrets - other than this sensitivity, he said, the process is totally open. While this information was damning to the ImClone executives, it reveals a lot about where Rebecca Keeler's comments about the FDA arise. Rebecca first used the words, "it is with great comfort and confidence that we expect to receive FDA approval for Pennsaid" (paraphrase). She has since, on numerous other occasions, talked about "ramping up production for the US market" and "fully expect FDA approval." These words are completely consistent with knowledge Rebecca would have from the interaction with the FDA, as testified before congress by an FDA witness. At this late stage in the FDA process, the FDA would probably be the first to admit that Dimethaid would know if they are on the path to approval or otherwise. Therefore, unless Rebecca wants to spend many years behind bars, she is quite simply relaying to us, the shareholders, the fact that FDA has told her we are on the correct road to approval. If things were not on track, there is no way she could make the assertions she has. What she is saying are not guesses, but based on actual guidance as provided by the FDA. In conclusion, the ImClone hearings have helped me very much confirm my understanding of the FDA process. She has been told we are going to get approval and I believe she has been telling that to us for at least 6 months now. joe