For the year ended
"2010 was a very successful and profitable year for SciClone, as we continued to implement our
Research and development expenses for the fourth quarter of 2010 totaled
Sales and marketing expenses for the fourth quarter of 2010 were
General and administrative expenses for the fourth quarter of 2010 were
Provision for income tax for the fourth quarter of 2010 was
Cash, cash equivalents and short and long-term investments totaled
The Company also announced it has identified two material weaknesses in its internal control over financial reporting that have not been remediated. The material weaknesses relate to controls over (i) implementation of the Company's policy on compliance with laws and (ii) accounting for income taxes. The Company has commenced remediation measures as to both of these material weaknesses.
Financial Outlook for 2011
SciClone anticipates 2011 revenues between
The Company anticipates that the expenses associated with the ongoing investigations of SciClone by the
Internal Investigation
The United States SEC and the United States DOJ are each conducting formal investigations of the Company regarding a range of matters including the possibility of violations of the Foreign Corrupt Practices Act ("FCPA"). SciClone's Board of Directors appointed a special committee of independent directors to oversee SciClone's response to the government inquiries.
The special committee has not concluded its investigation or reached any conclusions, to date, nor has the special committee or management made a final determination regarding whether any violation of the FCPA or any other law or regulation has occurred. However, the Company anticipates that the special committee will finalize its findings in the near future, which may include findings regarding potential FCPA issues and recommendations regarding additional remediation measures. In the course of its review the special committee has instructed management to (i) evaluate and to expand the Company's training of employees regarding understanding and compliance with laws including the FCPA and other anti-bribery laws and regulations, (ii) evaluate SciClone's existing compliance and anti-bribery guidelines and to prepare a new, more detailed, guideline for implementation after review by the Company's Board and/or committees of the Board, and (iii) implement a pre-approval policy requiring SciClone's compliance officer to pre-approve certain expenses including payments for, or reimbursement of, third-party gifts, travel expenses, honoraria and sponsorships of certain third party events.
Financial Update Conference Call Information
SciClone is hosting a conference call on
LIVE CALL:
866.831.6224 (U.S./
617.213.8853 (International)
17214706 (Participant code)
REPLAY:
888.286.8010 (U.S./
617.801.6888 (International)
89310001 (Passcode)
(Replay available from
The conference call will contain forward-looking statements. Interested parties who wish to listen to the webcast should visit the Investor Relations section of SciClone's website at www.sciclone.com. The information provided on the teleconference is accurate only at the time of the conference call, and SciClone will take no responsibility for providing updated information except as required by law.
About SciClone
Forward-Looking Statements
This press release contains forward-looking statements regarding expected financial results and expectations. Readers are urged to consider statements that include the words "may," "will," "would," "could," "should," "might," "believes," "estimates," "projects," "potential," "expects," "plans," "anticipates," "intends," "continues," "forecast," "designed," "goal," "unaudited", "approximately" or the negative of those words or other comparable words to be uncertain and forward-looking. These statements are subject to risks and uncertainties that are difficult to predict and actual outcomes may differ materially. These risks and uncertainties include risk and uncertainties relating to: the course, cost and outcome of regulatory matters, including pricing decisions by authorities in
DC Bead is a registered trademark of
RapidFilm is a registered trademark of Labtec Gesellschaft für technologische Forschung und Entwicklung mbH.
CONSOLIDATED STATEMENTS OF OPERATIONS
(in thousands, except share and per share data)
Three Months Ended Twelve Months Ended
December 31, December 31,
----------------------- -----------------------
2010 2009 2010 2009
----------- ----------- ----------- -----------
(Unaudited) (Unaudited)
Product sales $ 23,616 $ 18,131 $ 85,112 $ 72,411
Cost of product sales 3,246 2,775 12,691 11,960
----------- ----------- ----------- -----------
Gross margin 20,370 15,356 72,421 60,451
Operating expenses:
Research and development 4,715 4,033 12,415 16,531
Sales and marketing 6,010 5,282 22,006 18,805
General and
administrative 5,203 3,445 15,606 12,521
----------- ----------- ----------- -----------
Total operating expenses 15,928 12,760 50,027 47,857
----------- ----------- ----------- -----------
Income from operations 4,442 2,596 22,394 12,594
Interest and investment
income 26 25 105 153
Interest and investment
expense (138) (30) (195) (179)
Other income (expense), net 972 22 953 18
----------- ----------- ----------- -----------
Income before income tax 5,302 2,613 23,257 12,586
Provision for income tax 1,522 167 2,176 641
----------- ----------- ----------- -----------
Net income $ 3,780 $ 2,446 $ 21,081 $ 11,945
=========== =========== =========== ===========
Basic net income per share $ 0.08 $ 0.05 $ 0.44 $ 0.26
Diluted net income per
share $ 0.08 $ 0.05 $ 0.43 $ 0.25
Weighted average shares
used in computing:
Basic net income per
share 47,890 47,208 47,624 46,574
Diluted net income per
share 49,859 48,126 49,414 47,135
UNAUDITED SELECTED BALANCE SHEET DATA
(in thousands)
December 31, December 31,
2010 2009
------------ ------------
Balance Sheet Data:
Cash and cash equivalents $ 53,017 $ 29,687
Short-term investments 3,125 1,717
Accounts receivable 30,671 21,394
Inventories 7,078 10,149
Long-term investments 380 415
Total assets 97,807 66,900
Total current liabilities 12,129 8,528
Long-term borrowing on line of credit 2,500 --
Total Shareholders' equity 82,188 57,393
Source:
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