The dispute stems from the vice president's refusal to file annual reports with an office of the National Archives detailing the number of documents his office either has classified or declassified.
In turn, Peroxydent licensed rights under any patent issuing from the CIP application exclusively to Evident, reserving for itself only a right of first refusal to file an infringement action.
Icahn's criticisms ignore the fact that the incumbent directors whom he seeks to remove have had to surmount a cascade of serious problems that were the legacy of the previous management, including the FDA's refusal to file the Company's application for approval of Erbitux[R], an insider trading investigation centering around the Company's founder and then-CEO who ultimately pled guilty to criminal charges including securities and bank fraud, and failure to withhold and improper accounting for taxes relating to options exercised by the founder, its then-Chairman, and certain other executives along with the resulting restatements of the Company's financials and threatened delisting of the Company's stock.
By taking a more integrated approach to compliance that includes a core content management system like FirstDoc Enterprise, companies can be confident that the information used to support the registration of new and existing products meets the stringent standards placed on industry, potentially preventing a refusal to file, product injunction or withdrawal.
Waksal added: "We assured the FDA that we are committed to working closely with them to resolve issues raised in the Refusal to File letter, and on our approach moving forward.
The information requested is a result of the Committee's concerns based on recent stories in the media concerning the Company's receipt of a refusal to file letter for Erbitux as well as significant public information and media attention surrounding Erbitux.
