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_______________
Copyright (c) 2001
Stanford Law School


Titan Pharmaceuticals, Inc.
Conclusion: On December 23, 2003, the Plaintiff filed a Notice of Voluntary Dismissal.

According to a press release dated November 4, 2003, the complaint alleges that defendants Titan Pharmaceuticals and certain of its officers and directors violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b- 5 promulgated thereunder, by issuing a series of material misrepresentations to the market between December 1, 1999 through July 22, 2002 concerning Titan's drug, Iloperidone.

More specifically, the Complaint alleges that the defendants' statements were materially false and misleading because they failed to disclose and/or misrepresented the following adverse facts, among others: (1) that Titan was aware, through its licensing agreement with Aventis SA, that Iloperidone caused negative cardiovascular, urogenital, and respiratory reactions; (2) that Titan was aware that Iloperidone was not safe and efficient; (3) that Titan was aware that the Iloperidone program conducted by Novartis SA was not proceeding well and would not be completed on schedule; (4) that Titan was aware that Iloperidone was not a comparable or superior product to its competitors; (5) that Titan was aware, at the time it entered into the licensing agreement with Novartis SA for the Japanese marketing rights, that Iloperidone caused negative cardiovascular, urogenital, and respiratory reactions; (6) that Titan was aware that the clinical trial results indicated that the U.S. Food and Drug Administration would require Iloperidone, because of its cardiovascular, urogenital, and respiratory problems, to be marketed with box warnings and physician letters; and (7) that Titan was aware that it was not making progress towards commercialization of Iloperidone because the drug caused cardiovascular, urogenital, and respiratory problems.

The complaint further alleges that on July 24, 2001, the Company announced that its U.S. filing for Iloperidone would be delayed a year. The Company indicated that the delay was necessary to investigate once-a-day dosing, demonstrate a favorable safety profile when switching from other antipsychotic agents to Iloperidone, and support the competitive profile of the compound. This announcement failed to reveal the real reason behind the Company's delay in its U.S. filing, which was that Iloperidone caused cardiovascular, urogenital, and respiratory problems. The market reacted swiftly to this news, with the Company's stock falling 57%, or $16.04 to close at $11.95 on July 24, 2001. Then, one year later on July 22, 2002, after the market had closed, the Company announced the completion of a study conducted by Novartis of the effect of Iloperidone on the EKG profile of patients. A primary endpoint of the study was evaluation of the change in QT interval from baseline to week six. The study indicated that results for iloperidone were roughly comparable to that for ziprasidone, one of the approved agents in the study. Given these results, the Company stated that, even if approvable, these results may potentially limit the opportunity of Iloperidone as first line therapy for schizophrenia. The market reacted swiftly to this news, with the Company's stock falling 97%, or $63.63 from a high during the Class Period of $65.26 on September 26, 2000 to close at $1.63 on July 22, 2002.

INDUSTRY CLASSIFICATION:
SIC Code: 2836
Sector: Healthcare
Industry: Biotechnology & Drugs


COMPANY/ISSUER NAME: Titan Pharmaceuticals, Inc.
COMPANY/ISSUER TICKER: TTP
COMPANY WEBSITE: http://www.titanpharm.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Magee, et al. v. Titan Pharmaceuticals, Inc., et al.
 COURT: N.D. California  DOCKET NUMBER: 03-CV-4916
 JUDGE NAME: Hon. James Ware
 DATE FILED: 11/04/2003  SOURCE: Business Wires
 CLASS PERIOD START: 12/01/1999  CLASS PERIOD END: 07/22/2002
 TYPE OF COMPLAINT: Unamended/Unconsolidated
 PLAINTIFF FIRMS IN THIS OR SIMILAR CASE:
  • Bernstein Liebhard & Lifshitz LLP (New York, NY)
      10 E. 40th Street, 22nd Floor, New York, NY, 10016
       (voice) 800.217.1522, (fax) , info@bernlieb.com
  • Bull & Lifshitz
      18 East 41st St., New York, NY, 10017
       (voice) 212.213.6222, (fax) 212.213.9405,
  • Faruqi & Faruqi LLP
      320 East 39th Street, New York, NY, 10016
       (voice) 212.983.9330, (fax) 212.983.9331, Nfaruqi@faruqilaw.com
  • Milberg Weiss Bershad Hynes & Lerach LLP (S.F., CA)
      100 Pine Street - Suite 2600, San Francisco, CA, 94111
       (voice) 415.288.4545, (fax) 415.288.4534,
  • Milberg Weiss Bershad Hynes & Lerach LLP (San Diego, CA)
      600 West Broadway, 1800 One America Plaza, San Diego, CA, 92101
       (voice) 800.449.4900, (fax) , support@milberg.com
  • Murray, Frank & Sailer LLP
      275 Madison Ave 34th Flr, New York, NY, 10016
       (voice) 212.682.1818, (fax) 212.682.1892, email@murrayfrank.com
  • Schiffrin & Barroway LLP
      3 Bala Plaza E, Bala Cynwyd, PA, 19004
       (voice) 610.667.7706, (fax) 610.667.7056, info@sbclasslaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  7

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Complaint For Violation Of The Federal Securities Laws
    Type: Complaint Date on the document: 11/04/2003
    Notice of Voluntary Dismissal Pursuant To Fed. R. Civ. P. 41(A) (1)
    Type: Notice Date on the document: 12/23/2003
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 01/21/2004

     OTHER DOCUMENTS
    Class Action Complaint
    Case Name and/or Number: Checka
    Type: Complaint Date on the document: 11/06/2003
    Complaint For Violation Of The Federal Securities Laws
    Case Name and/or Number: Schnipper
    Type: Complaint Date on the document: 11/07/2003
    Notice Of Voluntary Dismissal Pursuant To Fed. R. Civ. P. 41(A) (1)
    Case Name and/or Number: Gardner And Nunberg
    Type: Notice Date on the document: 12/30/2003
    Notice of Voluntary Dismissal Pursuant To Fed. R. Civ. P. 41(A)(1)
    Case Name and/or Number: Schnipper
    Type: Notice Date on the document: 12/31/2003
    U.S. District Court Civil Docket
    Case Name and/or Number: Checka, et al. v. Titan Pharmaceuticals, Inc., et al.
    Type: Docket Date on the document: 04/06/2005

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