SEC Comment Letter for NORTHWEST BIOTHERAPEUTICS INC (NWBO) (CIK 0001072379) (NWBO) — Sep 29, 2014
NORTHWEST BIOTHERAPEUTICS INC (NWBO) (CIK 0001072379)
Date: Sept. 29, 2014 · CIK: 0001072379 · Accession: 0000000000-14-048746
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File numbers found in text: 001-35737
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September 29, 2014 Via E -mail Linda F. Powers Chief Executive Officer Northwest Biotherapeutics, Inc. 4800 Montgomery Lane, Suite 800 Bethesda, MD 20814 Re: Northwest Biotherapeutics, Inc. Form 10-K Filed April 1, 2014 File No. 001-35737 Dear Ms. Powers : We have reviewed your filing an d have the following comment . Please respond to this letter within ten business days by amending your filing, by providing the requested information, or by advising us when you will provide the requested response. If you do not believe our comment applies to your facts and circumstances or do not believe an amendment is appropriate, please tell us why in your respon se. After reviewing any amendment to your filing and the information you provide in response to this comment , we may have additional comments. Item 1. Business Intellectual Property and Orphan Drug Designation, page 16 1. We note your disclo sure that you have over 180 issued and pending patents worldwide. Please expand your patent disclosure to specify , for each of your most material patents and patent applications: the product or technology to which it relates ; the type of patent protectio n (e.g., composition, use, etc.); the specific jurisdictions in which such patents or applications are issued or pending; and the expiration date or expected expiration date, if issued. We urge all persons who are responsible for the accuracy and adequac y of the disclosure in the filing to be certain that the filing includes the information the Securities Exchange Act of 1934 and all applicable Exchange Act rules require. Since the company and its management are Linda F. Powers Northwest Biotherapeutics, Inc. September 29, 2014 Page 2 in possession of all facts relating to a c ompany’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. In responding to our comments, please provide a written statement from the company acknowledging that: the company is responsible for the adequa cy and accuracy of the disclosure in the filing; staff comments or changes to disclosure in response to staff comments do not foreclose the Commission from taking any action with respect to the filing; and the company may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States. Please contact Christina De Rosa at (202) 551 -3577, Daniel Greenspan at (202) 551 -3623 or me at (202) 551 -3715 with any questions. Sincerely, /s/ Daniel Greenspan for Jeffrey P. Riedler Assistant Director cc: Via E -mail Reed Brodsky , Esq. William Scherman , Esq. Gibson Dunn