Termination of the Original License Agreement
Pursuant to the terms of the License Agreement dated June 29, 1983, as superseded by an Amended License Agreement dated April 24, 1989 and a Second Amended License Agreement dated March 1, 1990 between the Company and Dr. Burzynski (collectively, the “Original License Agreement”), the Original License Agreement terminated on July 2, 2019 upon the expiration of the last patent licensed to the Company from Dr. Burzynski. As of July 2, 2019, all patents previously licensed by the Company under the Original License Agreement have expired.
New License Agreement
On May 22, 2023, the Company entered into a new License Agreement (the “New License Agreement”) with Dr. Burzynski, pursuant to which Dr. Burzynski licensed to the Company the exclusive rights in the Territory (composed of the United States and Canada) to make, have made, use, sell, offer for sale, and distribute or otherwise exploit the licensed products and services relating to Antineoplastons, including but not limited to any patent rights which may be granted in these countries. The New License Agreement currently covers four United States patents owned by Dr. Burzynski. The Company will not be able to exploit such rights under the New License Agreement until such time as Antineoplastons are approved, of which there can be no assurance, by the FDA for sale in the United States.
Results of Operations
Three Months Ended November 30, 2023 Compared to Three Months Ended November 30, 2022
Research and development costs were approximately $218,000 and $208,000 for the three months ended November 30, 2023 and 2022, respectively. The increase of $10,000 or 5% was due to an increase in facility and equipment costs of $30,000 and consulting and other research and development costs of $2,000, offset by a decrease in personnel costs of $20,000 and material costs of $2,000, as a result of additional requests imposed by the Food and Drug Administration.
General and administrative expenses were approximately $215,000 and $45,000 for the three months ended November 30, 2023 and 2022, respectively. The increase of $170,000 or 378% was due to an increase in legal and other professional costs of $163,000, primarily relating to various discussions with our outside law firm and consultants regarding the Company’s current clinical hold on IND 43742 and other future developments relating to Antineoplaston patents, and other costs of $7,000 as a result of increased reporting requirements from regulatory agencies.
The Company had net losses of approximately $433,000 and $253,000 for the three months ended November 30, 2023 and 2022, respectively. The increase in the net loss from 2022 to 2023 is primarily due to an overall increase in research and development costs and in general and administrative expenses of the Company as described above.
Nine Months Ended November 30, 2023 Compared to Nine Months Ended November 30, 2022
Research and development costs were approximately $614,000 and $546,000 for the nine months ended November 30, 2023 and 2022, respectively. The increase of $68,000 or 13% was due to an increase in facility and equipment costs of $109,000 and other research and development costs of $3,000, offset by a decrease in personnel costs of $42,000 and materials cost of $2,000, as a result of additional requests imposed by the Food and Drug Administration.
General and administrative expenses were approximately $358,000 and $154,000 for the nine months ended November 30, 2023 and 2022, respectively. The increase of $204,000 or 132% was due to an increase in legal and other professional costs of $200,000, primarily relating to various discussions with our outside law firm and consultants regarding the Company’s current clinical hold on IND 43742 and other future developments relating to Antineoplaston patents, and other costs of $4,000 as a result of increased reporting requirements from regulatory agencies.
The Company had net losses of approximately $973,000 and $700,000 for the nine months ended November 30, 2023 and 2022, respectively. The increase in the net loss from 2022 to 2023 is primarily due to an overall increase in research and development costs and an increase in general and administrative expenses of the Company as described above.