0001004878-15-000087.txt : 20150402
0001004878-15-000087.hdr.sgml : 20150402
20150402163824
ACCESSION NUMBER: 0001004878-15-000087
CONFORMED SUBMISSION TYPE: 8-K
PUBLIC DOCUMENT COUNT: 1
CONFORMED PERIOD OF REPORT: 20150402
ITEM INFORMATION: Other Events
FILED AS OF DATE: 20150402
DATE AS OF CHANGE: 20150402
FILER:
COMPANY DATA:
COMPANY CONFORMED NAME: CEL SCI CORP
CENTRAL INDEX KEY: 0000725363
STANDARD INDUSTRIAL CLASSIFICATION: BIOLOGICAL PRODUCTS (NO DIAGNOSTIC SUBSTANCES) [2836]
IRS NUMBER: 840916344
STATE OF INCORPORATION: CO
FISCAL YEAR END: 0930
FILING VALUES:
FORM TYPE: 8-K
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-11889
FILM NUMBER: 15748236
BUSINESS ADDRESS:
STREET 1: 8229 BOONE BLVD .
STREET 2: SUITE 802
CITY: VIENNA
STATE: VA
ZIP: 22182
BUSINESS PHONE: 7035069460
MAIL ADDRESS:
STREET 1: 8229 BOONE BLVD.
STREET 2: SUITE 802
CITY: VIENNA
STATE: VA
ZIP: 22182
FORMER COMPANY:
FORMER CONFORMED NAME: INTERLEUKIN 2 INC
DATE OF NAME CHANGE: 19880317
8-K
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form8kitem801inventiv4-15.txt
8-KRE INVENTIV ARBITRATION
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 8-K
-----------
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): April 2, 2015
CEL-SCI CORPORATION
------------------------------
(Exact name of registrant as specified in its charter)
Colorado 001-11889 84-0916344
----------------------------- --------------------- ---------------------
(State or other jurisdiction (Commission File No.) (IRS Employer
of incorporation) Identification No.)
8229 Boone Blvd. #802
Vienna, VA 22182
------------------------------
(Address of principal executive offices, including Zip Code)
Registrant's telephone number, including area code: (703) 506-9460
--------------
N/A
------------------------------------------
(Former name or former address if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligations of the registrant under any of the
following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities Act
(17CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17
CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b)
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-14c))
Item 8.01 Other Events.
The following is an update regarding the pending arbitration proceeding
CEL-SCI Corporation v. inVentiv Health Clinical, LLC (f/k/a PharmaNet LLC and
PharmaNet GmbH (f/k/a PharmaNet AG):
CEL-SCI initially retained inVentiv, a clinical research organization, to
conduct the Phase III Clinical Trial of CEL-SCI's investigational drug
Multikine(C) (Leukocyte Interleukin, Injection). CEL-SCI terminated inVentiv in
or about March 2013 and replaced it with two clinical research organizations,
Aptiv Solutions, Inc. and Ergomed Clinical Research Ltd. CEL-SCI's arbitration
claim is initiated under the Commercial Rules of the American Arbitration
Association, pursuant to the parties' contract, and alleges (i) breach of
contract, (ii) fraud in the inducement, and (iii) common law fraud. In an
amended statement of claim, CEL-SCI has also alleged professional malpractice
against inVentiv. CEL-SCI seeks at least $50 million in damages.
inVentiv, which previously asserted (i) a breach of contract counterclaim
against CEL-SCI, seeking at least $2 million in damages for services allegedly
performed by inVentiv, has alleged additional counterclaims against CEL-SCI, for
(ii) breach of contract, seeking at least $1 million in damages for allegedly
using inVentiv's name in connection with publications and promotions, which
inVentiv claims breached a provision in the parties' contract; (iii)
opportunistic breach, restitution and unjust enrichment, seeking at least $20
million in disgorgement of alleged unjust profits allegedly made by CEL-SCI as a
result of the purported breaches referenced in subsection (ii); and (iv)
defamation, seeking at least $1 million in damages for allegedly defamatory
statements made about inVentiv. CEL-SCI believes inVentiv's counterclaims are
meritless and intends to vigorously defend against them.
As a result, the arbitration hearing (the arbitration equivalent of a
trial), which was previously scheduled for May 4, 2015, has been tentatively
rescheduled for October 27, 2015 through November 17, 2015. The arbitrator has
instructed the parties to hold this time period free on their calendars.
Although the arbitrator has allowed both parties to supplement their
claims, inVentiv has moved to dismiss CEL-SCI's additional claim for
professional malpractice, which CEL-SCI will vigorously oppose.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
Date: April 2, 2015
CEL-SCI CORPORATION
By: /s/ Patricia B. Prichep
----------------------------------------
Patricia B. Prichep
Senior Vice President of Operations
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