Life-Sciences Venture Capital Ebbs and Flows—An Arithmetical Riddle Ours is a society ruled

Life-Sciences Venture Capital Ebbs and Flows—An Arithmetical Riddle

Ours is a society ruled by numbers. Since the dawn of civilization, humankind has marked the passage of time in seconds, hours, minutes, days, weeks, months and years. Democracies have chosen their leaders through popular (i.e., highest) vote, athletic monarchies have been fashioned from win totals, and professional success has long been measured in dollars rather than accomplishments.

Numbers, however, are peculiar creatures. They don’t lie, but they don’t exactly tell the whole truth, either. Poorly defined or incorrectly defined numbers spawn misinformation disguised as fact that can disarm skeptics, bewilder reporters and dupe the public into believing almost anything. Author, journalist and professor Charles Seife described the pitfalls of blind numbers trust in his 2010 book, “Proofiness: The Dark Arts of Mathematical Deception.” In the book, Seife details the impact of subtly manufactured numbers on public opinion, using the “Red Scare” of the 1950s as his prime example. Not surprisingly, the “Red Scare” (like most things in life) was based on a number—particularly, the 205 suspected communists the late U.S. Senator Joseph Raymond McCarthy insisted were working in the U.S. State Department at the time. Though his claim was never verified, the thought of so many suspected communists (205) secretly working for the U.S. government nevertheless sparked an anti-Communist movement in America that led to the false conviction of Julius and Ethel Rosenberg for espionage (the couple was executed for reportedly relaying atomic bomb secrets to Russia) and Communist allegations against beloved redheaded comedian Lucille Ball.

“From school days, we are trained to treat numbers as platonic, perfect objects,” Seife told The New York Times during a 2010 promotional tour for his book. “They are the closest we get to absolute truth. Two plus two always equals four. Numbers in the abstract are pure, perfect creatures. The numbers we deal with in the real world are different. They’re created by humans. And we humans are fallible. Our measurements have errors. Our research misses stuff, and we lie sometimes. The numbers we create aren’t perfect platonic ideals. They are mixed with falsehood, but we don’t recognize that.”

Maybe we don’t want to recognize the falsehoods. Or, perhaps we simply don’t know how to spot them. Statistical half-truths particularly are well-hidden in the business world, where numbers constantly are ingested, inspected, dissected, reconstituted and regurgitated by companies reporting quarterly earnings or advisory firms analyzing trends.

Multinational professional services company PricewaterhouseCoopers LLC (PwC), for instance, regularly tracks capital investments in various industries and reports on trends based on the data it
collects. In August, the London, United Kingdom-based firm concluded that life-sciences venture capital funding shrunk for the fourth consecutive quarter between April 1 and June 30, falling 39 percent in dollars and 22 percent in deal volume compared with the same period last year. Life-sciences funding also was down 9 percent from the first quarter of 2012, a sign that both the industry and the global economy face continued pressure.

PwC’s conclusions, however, appear to contradict market intelligence from Burrill & Company, a diversified global financial services firm specializing in the life-sciences industry. In the Sept. 14 issue of its bi-monthly publication, The Burrill Report, editors insist that venture capital in most sectors is on the up-swing this year and likely will surpass 2011 funding levels.

The proof, according to Burrill editors, is in the “numbers.”

U.S. life-sciences companies (including medical device, diagnostics, therapeutics, tools and technology, digital health and healthcare IT firms) are on track to raise $9.6 billion—26 percent more than the $7.6 billion raised last year and 42 percent more than the $6.7 billion raised in 2009.

Drug development companies can expect $3 billion in funding this year, an 8 percent increase compared with 2011 but a 7 percent dip from the $3.2 billion they received in 2009, The Burrill Report story contends. Such an increase doesn’t seem likely though, given the 13 percent slide in pharmaceutical funding PwC discovered during the second quarter.

PwC also detected an 82 percent drop in industrial biotech funding in Q2. But that decrease potentially could impede a 77 percent surge Burrill & Company is projecting for the subsegment: “Most of the surge is coming from strategic investors—big chemical and oil companies—and is necessary so these companies can bring their technologies to commercial levels,” Burrill editors predict. “It is also due to the fact that public markets have battered companies that went public before they commercialized their technology as it has been harder than they expected to achieve their projected production values.”

Burrill envisions a similar healthy surge for diagnostics companies this year due to widespread use and acceptance of their tests. The San Francisco, Calif.-based company gives credence to its argument by citing the $58 million capital raised in late August by cardiovascular genomics diagnostics firm CardioDx just weeks after receiving Medicare coverage for its coronary artery disease test, Corus CAD. The gene expression test is used to diagnose patients who might have coronary artery disease before a major event like a heart attack. Such confidence from investors and insurers is likely to boost venture investment in diagnostics to $715 million this year, a 76 percent increase compared with last year’s levels, Burrill editors anticipate.

There still is plenty of time for the subsector to prove Burrill correct, but PwC’s data, compiled in a brief report ironically titled, “Dollar Drought,” casts some doubt on its adversary’s bold prediction. Medical diagnostics funding, the company notes, plummeted 44 percent to $54 during the second quarter of 2012 while medical therapeutics investment slipped 26 percent to $508 million.

“Dollar Drought,” in fact, paints a gloomy portrait of life-sciences funding in the United States over the last several quarters. It cites a precipitous drop in both funds and deals—in total 174 deals worth $1.4 billion occurred during the second quarter of 2012; the life-sciences share of total venture funding fell to 20 percent in Q2, hitting its lowest level since the third quarter of 2002.

One of the only bright spots in PwC’s report is medical/health products funding, which skyrocketed 111 percent to $137 million in Q2. Naturally, Burrill gurus interpreted the numbers differently, predicting the “tools and technology” sector to be the only life-sciences sub-segment to experience flat funding levels this year (though total investment is projected to be about 38 percent more than the $534 million raised in 2009). Burrill experts explained their reasoning, claiming most of the “tools and technology” funding went to later-stage rounds for only a few companies, including Intrexon Corporation, a synthetic biology platform firm that closed a $58 million series E round in April, and IntegenX Inc., a developer of sample preparation systems that raised $39.4 million in series D funding in August.

Yet there is still hope for tools and technology companies. Numbers, after all, don’t always tell the full story.

“It is important to note that 2012 projected financings for privately held companies are based on year-to-date numbers,” The Burrill Report story concludes. “Although the summer months saw an increase in financings for U.S.-based therapeutic companies, it was not a boom time for global venture financings…”

Not according to the numbers, anyway.

Bankruptcy Filings:
  • China Medical Technologies Inc. of Beijing is seeking Chapter 15 foreign-firm bankruptcy protection in both the United States and (British) Cayman Islands, listing as much as $500 million in assets and debts. Official court filings show the company’s unsecured debt consists of $276 million in 4 percent senior convertible notes due next year and $150 million in 6.25 percent convertible senior notes due in 2016. Both types of senior notes are governed by Cayman Islands law and held mostly by Americans. Documents submitted by Cayman Islands accountant and businessman Kenneth M. Krys blame China Medical’s fiscal troubles on “fraudulent transfers” to associates and family members of former Chairman/CEO Xiaodong Wu: “…beginning in the latter part of 2011, [Wu] implemented a plan to divert value from CMED [China Medical] and its creditors by causing CMED to default on the notes and stripping [the firm] of its assets through undisclosed, unauthorized and fraudulent transfers…” Krys stated in his dossier, filed Aug. 31 in U.S. Bankruptcy Court in the Southern District of New York (N.Y.). The 17-page document also accuses Wu of forcing the resignations of CMED’s independent directors and Chief Financial Officer Takyung (Sam) Tsang, and ignoring repeated requests for information about the company—moves that essentially led to the firm’s death as a “functioning corporate entity,” Krys charges. China Medical formally denied the allegations, but the company nevertheless was suspended for two weeks in July by the U.S. Securities and Exchange Commission (SEC) over the accuracy of its data; the suspension triggered a 68 percent drop in CMED’s American depositary receipts (to $3.50). Founded in 2004, China Medical Technologies develops, manufactures and markets advanced in-vitro diagnostic products using enhanced chemiluminescence, fluorescent in-situ hybridization and surface plasmon resonance technologies to detect and monitor various diseases.
  • Gamma Medica-Ideas Inc. of Northridge, Calif., voluntarily filed for Chapter 11 bankruptcy protection on Aug. 20, barely a month after the company unveiled a new high-resolution microCT (HRCT) module for its Triumph II small animal PET/SPECT/CT imaging system. The HRCT was designed with features that will help the firm expand Triumph’s applications into specimen scanning, detailed bone studies, lung morphology, and possibly tumor angiography. The company’s future prospects also received a boost this past spring from a Mayo Clinic study that concluded its molecular breast imaging technology could detect invasive carcinomas and help evaluate both the extent of the disease and the presence of multifocal disease for surgical treatment planning. Such auspicious possibilities, however, essentially were powerless against Gamma Medica’s debts: $10 million (including $3 million on a senior secured revolving credit acquired by Capital Resource Partners V LP, which holds most of an $8.9 million subordinated secured loan) and roughly $12.6 million to unsecured creditors, including SII NanoTechnology USA Inc., a Northridge-based “hub” of scientific research, development and commercialization of X-ray detectors and spectrometric systems. Capital Resource Partners is providing $1.5 million in financing to Gamma Medica to support the long-undercapitalized company until its sale later this year. Gamma Medica develops industrial radiation detection systems as well as imaging equipment for pre-clinical research and disease diagnosis. The firm’s bankruptcy filing in the Central District of California in Woodland Hills describes its clinical imaging business as a startup with “no current revenue,” according to Bloomberg.
  • An August decision by H&P Industries Inc. and sister company Triad Group Inc. to voluntarily file for Chapter 11 bankruptcy protection could doom or significantly reduce the amount of damages awarded to plaintiffs suing the affiliated firms. The pair has been named in nearly two dozen lawsuits and faces 30 other product liability claims from both consumers and companies, according to documents (filed separately) in Wisconsin. Listed creditors have unsecured claims against the pair totaling more than $33 million; the largest include product liability writs from consumers for $7.5 mil-lion, a $3.2 million disputed requisition from Smith and Nephew Wound Management, and a $2.2 million disputed claim from Cardinal Health. In January 2011, H&P and Triad voluntarily recalled alcohol wipes and swabs after the U.S. Food and Drug Administration discovered several lots contaminated with Bacillus cereus, a bacteria believed responsible for killing a 2-year-old Texas boy. The tot’s parents settled their lawsuit earlier this year for an undisclosed amount of money. Other plaintiffs may not be as lucky, though. “It’s terrible if you’re the plaintiff,” Marquette University Law School professor Ralph Anzivino told the Milwaukee Journal Sentinel. “All of the claims are now put into the bankruptcy case. You could have a million-dollar claim that a judge says is worth only $5,000, or it may be worth nothing.”
  • Lack of revenue forced Imaging3 Inc. to file for Chapter 11 bankruptcy protection in Los Angeles, Calif., on Sept. 13, a move Chairman/CEO Dean Janes claims was not “contemplated or undertaken lightly.” Certainly not. But Janes and his cohorts may not have had a choice—Q1 net revenues sank 27 percent compared with the same period last year (ended March 31), equipment sales plummeted 68.6 percent, and the firm’s net loss mushroomed more than seven-fold to $1.6 million. Executives attributed the deficits to a radical shift in Imaging3’s sales composition—rather than selling refurbished equipment, which can garner higher prices and, consequently, better profit, much of the company’s quarterly revenue now comes from sales of parts and services for products under warranty or service contracts. Mounting debt hasn’t helped, either. Earlier this year, Imaging3 issued more than 6.3 million shares of common stock to Cranshire Capital LP to reimburse the Northbrook, Ill.-based investment advisory firm for its work to dismiss a lawsuit. Imaging3’s latest financial report estimates the Burbank, Calif.-based company needs between $50,000 and $100,000 annually to maintain its reporting obligations—money it currently does not have. Janes believes Imaging3’s only hope of survival is through reorganization so the firm can “once again…pursue [its] goals of getting the DViS approved…and into the marketplace.” Founded in 1993, Imaging3 bills itself as the world’s largest re-manufacturer of C-arms and the nation’s biggest distributor of C-arm tables. The company patented a technology that produces 3-D medical diagnostic images in real time.
  • Neogenix Oncology Inc. executives are hoping a mid-summer Chapter 11 bankruptcy filing in Greenbelt, Md., will enable the biotech startup to correct a costly fundraising mistake and continue operations. Whether it was naïveté or pure recklessness that led Neogenix to use unlicensed fundraisers to secure more than $30 million in equity investments may never be known, but the decision triggered an inquiry last year from the SEC. While they never have identified the fundraisers, company executives admitted the agents were supposed to be licensed as broker-dealers. The error left Neogenix financially accountable to its shareholders and prevented the firm from raising additional capital—two issues that delayed the filing of its quarterly financial report with the SEC. In late spring, executives decided to sell the Rockville, Md.-based company to Precision Biologics Inc., a new entity funded by a group of Neogenix shareholders, according to letters from management. Precision would act as a “stalking horse” bidder, leading to a sale that would “…provide a revitalized capital structure attractive to new stockholders and investors.” Neogenix bigwigs also are counting on the sale to satisfy its $2.34 million in liabilities (as of Dec. 31, 2011) and up to $31 million in potential liability for rescission by investors (as of July 10). The nearly 10-year-old Neogenix describes itself as a clinical stage biotechnology company that develops therapeutic and diagnostic products to detect and treat cancer.
  • Otologics LLC filed for Chapter 11 bankruptcy protection in eastern Missouri on July 30, listing both assets and debts between $10 million and $50 million. The company’s major creditor is SA Neurelec, a Vallauris, France-based subsidiary of MXM Laboratories (also French) that researches, develops and manufactures cochlear and auditory implants as well as implantable neurostimulation devices. Court documents show the 16-year-old firm owes SA Neurelec $5.5 million. Based in Boulder, Colo., Otologics’ products include a semi-implantable hearing system called MET and a fully implantable system (named Carina) that features a rechargeable battery and a microphone that is imbedded under the skin.

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