Rocky's Corner:

[rocky301]

99% of the mail coming in has to do with lawsuits and ask if I can GUESS when ALL
will be resolved?

Well, the last couple months should be a strong indicator on how SLOW the court system
can be at times. Nothing on CAMOFI, A/G is now in the 50th day of taking the "motion to
dismiss" under advisement and the SEC case is 3 weeks old and none of the 7 defendants
have responded to claims. Given that, I won't guess on anything except to say I hope they
are mostly done by year end and that may be very optimistic...I just don't know.

"rock, can the rs time be extended if necessary?"

Sure, current terms and time frame can be changed with another shareholder vote.

With regard to Naz listing? IMO, no application has been made and I am not sure it will be under current
circumstances.

[interstate]

Rocky,
On a serious note. If the price continues to decline and management continues to be silent... what would it take to remove the CEO from the company?

[rocky301]

Rocky,
On a serious note. If the price continues to decline and management continues to be silent... what would it take to remove the CEO from the company?

The BOD's would make that move/decision..Letters and communications with the BOD's
has been discussed today at this link..
http://investorstemcell.com/forum/ad...logy/19949.htm

[rocky301]

A while back someone asked via mail how long the FIRST A/G lawsuit dragged on?
I must have deleted mail so hopefully you can pick up the answer here...thanks

2 years and 5 months from complaint to dismissal at a cost of $645k to ACT.
That doesn't take into account both ACT appeals for legal fees that were both denied..

10/01/07...Aronson/Gorton filed complaint

03/18/10.. Complaint Breach of Contract/Warranty Dismissed

The current lawsuit is already about 10 months old and we still await "motion to dismiss"
ruling...

[rocky301]

OS# and Cash on hand questions?


Outstanding at April 27, 2012: 2,073,932,016 shares

The above is the last known OS# which is approaching 2 months old. ACT instructed transfer agent
not to give out numbers so I cannot update like before.
New OS# would be known around 1st week in August when next 10Q is due or if ACT files
a new registration prior or something like that.

COH,

Last known number was from March 30, going on 3 months ago, and was at
$10,778,045....Yes, I am assuming another Socius draw has or will take place prior
to quarter end on June 30 based on past draws..thanks

[rocky301]

With regard to Camofi,

no public view of amended complaint by Camofi.
no public view of ACT's response to amended complaint
order imposing confidentiality filed

Maybe we have to wait until July 17 before getting more info as that is the next
scheduled appearance..
SCROLL

[StemCell_Investor]

Thanks Rocky. Appreciate your time and direction.

[hophead]

Hey Rock. The recent volume and selling makes me think that maybe more settlement shares have been released. wouldn't there need to be a pacer filing prior to the bondholder receiving their shares announcing the settlement? Would the Caldwell estate need to file an 8k prior to selling their shares? TIA...

[rocky301]

Hey Rock. The recent volume and selling makes me think that maybe more settlement shares have been released. wouldn't there need to be a pacer filing prior to the bondholder receiving their shares announcing the settlement? Would the Caldwell estate need to file an 8k prior to selling their shares? TIA...

hop,

1) None of the 4 remaining lawsuits are at the stage of resolution for ACT to be issuing more shares

2) Caldwell estate needs not file anything prior to sale. Companies file 8K's not individuals.

[hophead]

thanks Rocky. I guess there isn't a definitive reason for this sell off. Either Caldwell estate or bondholders who have existing shares from prior settlements. This sucks big time.

[bballerfanatic]

We are only averaging 4.6 million shares a day for the last 10 days. It isn't much of a selloff volume wise, but it certainly is causing a steady decrease in shareholder value.

[HeyNow]

Dear Rocky,
If I can remember correctly, we are not entitled to any percentage of CHA's revenue in KOREA using hESC-RPE in the future, is that right?

Here's why I ask.... They are not so far behind us now especially if they are planning to enroll 3 patients in Phase 1, then use our data for their process as well. Assuming the regulatory in South Korea is a little more moderate... one realistic scenario is that they could get market approval before us.

Americans are already travelling the world to get crazy therapies that are unproven. Imagine, if we are in clinical trials still in the US and UK and have all of these incredible data... and CHA is selling the exact same therapy in South Korea without the stringent exclusion criteria of a clinical trial... nothing is stopping every American with AMD from just hopping on a plane to South Korea to pay for the treatment which equates to lost revenue.

Am i right about the exclusive liscence and what are your general thoughts about this?
Thanks

[rocky301]

Dear Rocky,
If I can remember correctly, we are not entitled to any percentage of CHA's revenue in KOREA using hESC-RPE in the future, is that right?

Here's why I ask.... They are not so far behind us now especially if they are planning to enroll 3 patients in Phase 1, then use our data for their process as well. Assuming the regulatory in South Korea is a little more moderate... one realistic scenario is that they could get market approval before us.

Americans are already travelling the world to get crazy therapies that are unproven. Imagine, if we are in clinical trials still in the US and UK and have all of these incredible data... and CHA is selling the exact same therapy in South Korea without the stringent exclusion criteria of a clinical trial... nothing is stopping every American with AMD from just hopping on a plane to South Korea to pay for the treatment which equates to lost revenue.

Am i right about the exclusive liscence and what are your general thoughts about this?
Thanks

HeyNow,

If I can remember correctly, we are not entitled to any percentage of CHA's revenue in KOREA using hESC-RPE in the future, is that right?

That would be correct.
If commercialization were to take place in S.Korea ahead of the U.S nothing would prevent S.Korea
from treating patients from the US or elsewhere that I am aware of...thanks

SECTION 5.7 of contract even states ACT is to cooperate with the KFDA commercialization.
http://sec.gov/Archives/edgar/data/1...1_ex10-128.htm

[Actc_fan]

HeyNow,

That would be correct.
If commercialization were to take place in S.Korea ahead of the U.S nothing would prevent S.Korea
from treating patients from the US or elsewhere that I am aware of...thanks

SECTION 5.7 of contract even states ACT is to cooperate with the KFDA commercialization.
v156251_ex10-128 -- Converted by SECPublisher 2.1.1.8, created by BCL Technologies Inc., for SEC Filing

Rocky,

Doesn't CHA rely on ACTs cells? Doesn't that give ACT some control in this scenario, even if through pricing? Thanks

[rocky301]

Rocky,

Doesn't CHA rely on ACTs cells? Doesn't that give ACT some control in this scenario, even if through pricing? Thanks

ACT was required to furnish CHA the biological MA09 cell line from our Master bank and according
to Rabin CHA needed to differentiate to RPE in Korea. That apparently was done as CHA trials are beginning.
I see no controls for ACT in the contract...thanks

[catchall]

ACT was required to furnish CHA the biological MA09 cell line from our Master bank and according
to Rabin CHA needed to differentiate to RPE in Korea. That apparently was done as CHA trials are beginning.
I see no controls for ACT in the contract...thanks

How much money did actc charge and receive for this contract with CHA?

[HeyNow]

It's very interesting. I wonder if Rabin and folks have even thought about it. Conversely... by the time this would happen we would at least be in late stages of our trials... it might ignite a fire under ACT, a US partner if we have one by then, the FDA, who knows. It's hard to know how it will all play out no question...

[rocky301]

How much money did actc charge and receive for this contract with CHA?

ACT) is licensing its retinal pigment epithelium (RPE) technology to CHA Bio & Diostech for development and commercialization exclusively in Korea. ACT could receive $1.9 million in up-front and milestone fees over the next year

Monies received:

$750,000 upfront license fee

$250,000 within 30 days of signing agreement

$100,000 within 90 days 0f signing agreement

$300,0009 upon FDA accepting/appropal of IND

Total received...$1.4MM

Not received:

ACT can receive another $500,000 if CHA receives a greant from government of Korea for at least
7,500,000,000 Korean Won

[catchall]

ACT) is licensing its retinal pigment epithelium (RPE) technology to CHA Bio & Diostech for development and commercialization exclusively in Korea. ACT could receive $1.9 million in up-front and milestone fees over the next year

Monies received:

$750,000 upfront license fee

$250,000 within 30 days of signing agreement

$100,000 within 90 days 0f signing agreement

$300,0009 upon FDA accepting/appropal of IND

Total received...$1.4MM

Not received:

ACT can receive another $500,000 if CHA receives a greant from government of Korea for at least
7,500,000,000 Korean Won

On march 30, 2009 actc made the deal with CHA (~$2,000,000~) and they probably felt it was a good deal for them. They (actc) also say that the AMD market is worth $30,000,000,000. Something seems to be out of sync. BC was the CEO then and GR was just a member of the BOD. GR is now CEO and chairman of the BOD and CFO.
It has been suggested that a JV is in the works. The value to the company of the suggested JV has not been identified by the company. I guess that based upon the history of the kinds of deals they make to improve shareholder value that shareholders would tout this suggested JV as their white knight.
There are 178 countries in the UN. There are 7,000,000,000 people on earth. How do the numbers add up?

[rocky301]

What's up with the lawsuits rock?

absolutely nothing, TIME is NOT of the essence...


Camofi...last court filing 48 days ago

Alpha...last court filing 53 days ago

A/G.....last court filing 15 days ago, ("motion to dismiss" now under advisement 56 days)

SEC....last court filing 12 days ago, (none of 7 defendants have responded)