According to the Complaint, AmpliPhi BioSciences Corp. is a clinical-stage biotechnology company that works to develop bacteriophage-based therapies for the treatment of antibiotic-resistant bacterial infections. The Company is engaged in identifying and developing naturally occurring bacteriophages in order to develop second-generation bacteriophage products. The Company develops these phage products with the intention of targeting a specific disease-causing bacterial-pathogen.

On January 4, 2019, the Company issued a press release announcing the proposed merger of the Company with C3J Therapeutics, Inc.

The Complaint alleges that on April 04, 2019, in order to convince the Company’s stockholders to vote in favor of the Proposed Transaction, the Board authorized the filing of a materially incomplete and misleading proxy statement with the SEC, in violation of Sections 14(a) and 20(a) of the Exchange Act.

This case was voluntarily dismissed on May 13, 2019.