Lawsuit Overview
March 28, 2014 - The U.S. Court of Appeals for the Sixth Circuit affirmed the judgment of the district court.
May 1, 2013 - The lead plaintiff filed a notice of appeal.
January 10, 2013 - The court granted the defendants' motion to dismiss.
February 27, 2012 - The defendants filed a motion to dismiss.
November 28, 2011 - The lead plaintiff filed an amended complaint.
September 26, 2011 - The lead plaintiff and lead counsel were appointed.
September 6, 2011 - A lead plaintiff motion was filed.
July 6, 2011 - An investor in shares of BioMimetic Therapeutics Inc (NASDAQ: BMTI) filed a lawsuit in U.S. District Court for the Middle District of Tennessee against BioMimetic Therapeutics Inc over alleged violations of Federal Securities Laws.
According to the complaint the plaintiff alleges on behalf of all persons or entities who purchased BioMimetic Therapeutics Inc securities from October 14, 2009 through May 11, 2011, that BioMimetic Therapeutics Inc and certain of its officers violated the Securities Exchange Act of 1934 by issuing between October 14, 2009 and May 11, 2011 false and/or misleading statements and/or failed to disclose material facts.
BioMimetic Therapeutics Inc’s 12months Total Revenue fell from $7.03million in 2007 to $1.47million in 2010. Its Net Loss rose from $24.58million in 2007 to $33.94million in 2010.
During 2010 BMTI shares fell to as low as $8.33 per share in July but closed the year at $12.70 per share. During the first months in 2011 BMTI stock was able to breach through $14 per share, but then fell from over $13 per share on May 6 in free fall to under $5 lately.
Specifically, so the plaintiff, in the time between October 14, 2009 and May 11, 2011, defendants conditioned investors to believe that FDA approval of AugmentBone Graft would be forthcoming through a host of materially false and misleading statements regarding the status of AugmentBone Graft's ongoing clinical studies, and the safety and efficacy of the Company's product.
Augment(TM) Bone Graft, is one of BioMimetic Therapeutics Inc's product and is a fully synthetic, off-the-shelf bone growth factor product for the treatment of bone defects and injuries.
Then on May 10, 2011, the FDA published briefing documents on BioMimetic Therapeutics Inc's Augment(TM) Bone Graft that were critical of Augment Bone Graft's clinical trial, stating the FDA still has clinical concerns with the safety and overall risk/benefit of the device at this time, primarily due to the unanswered question of safety in regards to the potential for cancer formation versus an unproven benefit in the current standard for care.
BioMimetic Therapeutics Inc's stock price declined approximately $4.73 or over 35% and closed at $8.66 on May 10, 2011.
Even though on May 13, 2011, BioMimetic Therapeutics Inc disclosed that a FDA Panel voted by a narrow margin of 10-8 in favor of Augment(TM) Bone Graft's efficacy, shares continued to fall and closed on July 7 as low as $4.46 per share.