Item 2. Management’s Discussion and Analysis
ITEM
2: Management’s Discussion and Analysis of Financial Condition and Results of Operations
Special
Note Regarding Forward-Looking Statements
Certain
statements in this Report contain forward-looking statements within the meaning of Section 27A of the Securities Act and Section 21E
of the Exchange Act. All statements, other than statements of historical fact, included or incorporated herein regarding our
strategy, future operations, financial position, future revenues, projected costs, plans, prospects and objectives are
forward-looking statements. Words such as “expect,” “anticipate,” “intend,” “plan,”
“believe,” “seek,” “estimate,” “think,” “may,” “could,”
“will,” “would,” “should,” “continue,” “potential,”
“likely,” “opportunity” and similar expressions or variations of such words are intended to identify
forward-looking statements but are not the exclusive means of identifying forward-looking statements and their absence does not mean
that a statement is not forward-looking. Our forward-looking statements are not guarantees of performance, and actual results could
vary materially from those contained in or expressed by such statements due to risks and uncertainties. These statements are based
on our management’s current beliefs, expectations and assumptions about future events, conditions and results and on
information currently available to us. Discussions containing these forward-looking statements may be found, among other places,
below in this Item 2: “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and
in Part II: Other Information; Item 1A: “Risk Factors” of this report, and in the following sections of our Annual
Report on Form 10-K for the year ended December 31, 2025: Part I; Item 1. “Business”, Part I; Item 1A. “Risk
Factors”, Part I; Item 3. “Legal Proceedings”, and Part II; Item 7. “Management’s Discussion and
Analysis of Financial Condition and Results of Operations”. Among other things, for those statements, we claim the protection
of safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995. Any forward-looking
statements set forth in this Report speak only as of the date hereof. We do not undertake to update any of these forward-looking
statements to reflect events or circumstances that occur after the date hereof. We are in various stages of seeking to determine
whether Ampligen® will be effective in the treatment of multiple types of viral diseases, cancers, and immune-deficiency
disorders and the Report sets forth our current and anticipated future activities. These activities are subject to change for a
number of reasons. Significant additional testing and trials will be required to determine whether Ampligen® will be effective
in the treatment of these conditions. Results obtained in animal models do not necessarily predict results in humans. Human clinical
trials will be necessary to prove whether or not Ampligen® will be efficacious in humans. No assurance can be given as to
whether current or planned clinical trials will be successful or yield favorable data and the trials are subject to many factors
including lack of regulatory approval(s), lack of study drug, or a change in priorities at the institutions sponsoring other trials.
Even if these clinical trials are initiated, we cannot assure that the clinical studies will be successful or yield any useful data
or require additional funding. Among the studies are clinical trials that provide only preliminary data with a small number of
subjects, and no assurance can be given that the findings in these studies will prove true or that the study or studies will yield
favorable results. Some of the world’s largest pharmaceutical companies are also working on treatments and cures for different
types of cancers. No assurance can be given that the use of Ampligen with these proposed treatments and cures will prove effective.
No assurance can be given that future studies will not result in findings that are different from those reported in the studies
referenced or incorporated by reference herein. Operating in foreign countries carries with it a number of risks, including
potential difficulties in enforcing intellectual property rights. We cannot assure that our potential foreign operations will not be
adversely affected by these risks.
Our
filings are available at www.aimimmuno.com. The information found on our website is not incorporated by reference into this Report and
is included for reference purposes only.
We
operate in an evolving environment. New risk factors and uncertainties emerge from time to time, and it is not possible for our management
to predict all risk factors and uncertainties, nor are we able to assess the impact of all of these risk factors on our business or the
extent to which any risk factor, or combination of risk factors, may cause actual results to differ materially from those contained in
any forward-looking statements.
Given
these uncertainties, you are cautioned not to place undue reliance on such forward-looking statements. We disclaim any obligation to
update any such factors or to publicly announce the result of any revisions to any of the forward-looking statements contained herein
to reflect future events or developments.
Overview
General
AIM
ImmunoTech Inc. and its subsidiaries are an immuno-pharma company headquartered in Ocala, Florida, with a strong foundation of laboratory,
pre-clinical and clinical data with respect to the development of nucleic acids and natural interferon to enhance the natural antiviral
defense system of the human body. AIM’s products are Ampligen (rintatolimod) and Alferon N Injection (Interferon alfa). Ampligen
is a double-stranded RNA (“dsRNA”) molecule being developed for the treatment of late-stage pancreatic cancer, in addition
to other globally important cancers, viral diseases and disorders of the immune system. Ampligen has not been approved by the FDA or
marketed in the United States, but it is approved for commercial sale in the Argentine Republic for the treatment of severe Chronic Fatigue
Syndrome (“CFS”).
27
The
Company’s research and development of Ampligen has included a variety of diseases and health matters:
● Conducting
clinical trials to evaluate the efficacy and safety of Ampligen for the treatment of pancreatic
cancer.
● Evaluating
Ampligen across multiple cancers as a potential therapy that modifies the tumor microenvironment
with the goal of increasing anti-tumor responses to checkpoint inhibitors.
● Exploring
Ampligen’s antiviral activities and potential use as a prophylactic or treatment for
existing viruses, new viruses and mutated viruses thereof.
● Evaluating
Ampligen as a treatment for myalgic encephalomyelitis/chronic fatigue syndrome (“ME/CFS”)
and fatigue and/or the Post-COVID condition of fatigue.
● Evaluating
Ampligen as a vaccine adjuvant in the combination of Ampligen and AstraZeneca’s FluMist
as an intranasal vaccine for influenza, including avian influenza.
Immuno-Oncology
Ampligen
is a wide-spectrum therapeutic that has shown positive safety and efficacy in clinical trials of many different solid tumor types. However,
based specifically on clinical success as to safety and efficacy in our pancreatic cancer Early Access Program and an ongoing Phase 2
trial, AIM has made the business decision to focus its efforts on the development of Ampligen for the treatment of late-stage pancreatic
cancer, as we believe that this path will potentially lead to the most lucrative outcome. Pancreatic cancer killed more than 100,000
people in the American and European Union markets – and more than 450,000 people worldwide – as recently as 2022. When AIM
looks at the global health problem of pancreatic cancer, we see a large market in an unmet medical need and with relatively little clinical
competition. This large unmet market is enhanced by an intellectual property program with broad-combination therapy patents in the United
States, Japan and Europe, as well as market exclusivity provided by orphan drug designations in the United States and the European Union.
Oncology
is one of the areas of biotech known for multibillion-dollar mergers and acquisitions deals – large-market Phase 3 oncology clinical
trials with positive data are always a focus for acquisition. AIM strongly believes that such a Phase 3 study will be possible following
the ongoing Phase 2 clinical study evaluating Ampligen in combination with AstraZeneca’s anti-PD-L1 immune checkpoint inhibitor
Imfinzi (durvalumab) in the treatment of metastatic pancreatic cancer patients with stable disease post-FOLFIRINOX standard of care (the
“DURIPANC” study). The DURIPANC study is an investigator-initiated, exploratory, open-label, single-center study expected
to enroll up to 25 subjects in the Phase 2 portion. The primary objective of the study is the clinical benefit rate of the combination
therapy. The secondary/exploratory objectives include assessing overall survival and progression-free survival; exploring immune-monitoring
using available tissue biopsies and peripheral immune profiling; and assessing quality of life. According to the Erasmus MC Cancer Institute,
the promising progression-free survival and overall survival seen in Phase 1 of the study – which we believe supported advancement
to the ongoing Phase 2 portion of the study – continue to be seen and enrollment is ongoing. Erasmus MC expects that detailed data
will be published later this year. According to Erasmus MC, there has also been no significant toxicity – an encouraging safety
profile for a post-chemo setting – and Ampligen subjects are consistently reporting “high” quality of life during treatment.
In
March 2026, the Company announced an agreement with the PPD clinical research business of Thermo Fisher Scientific to design AIM’s
anticipated Phase 3 clinical trial in the use of Ampligen in the treatment of late-stage pancreatic cancer. Thermo Fisher Scientific
Inc. is a global leader in scientific progress.
Please
see “Immuno-Oncology” below.
Ampligen
as a Potential Antiviral
We
have research and pre-clinical history that indicates the broad-spectrum antiviral capability of Ampligen in animals. We hope to demonstrate
that it has the same effect in humans. To demonstrate this requires a population infected with a virus – among other factors –
which is why our most recent antiviral focus has been on COVID-19 (the disease caused by SARS-CoV-2) and Long COVID. We have conducted
experiments in SARS-CoV-2 showing Ampligen has a powerful impact on viral replication. Previous animal studies yielded positive results
utilizing Ampligen to treat viruses such as Western Equine Encephalitis Virus, Ebola, Vaccinia Virus (which is used in the manufacture
of smallpox vaccine) and SARS-CoV-1. The prior studies of Ampligen in SARS-CoV-1 animal experimentation may predict similar protective
effects against SARS-CoV-2.
Please
see “Ampligen as a Potential Antiviral” below.
28
Ampligen
as a Treatment for ME/ CFS and Post-COVID Conditions
The
AMP-511 Expanded Access Program (“AMP-511”) is an ongoing open-label treatment protocol allowing patient access to Ampligen
in a study under which severely debilitated CFS patients have the opportunity to receive Ampligen to treat this serious and chronic condition.
In
July 2023, we enrolled and dosed the first patient in our Phase 2 study evaluating Ampligen® as a potential therapeutic for people
with post-COVID conditions (“AMP-518”). We announced in August 2023 that the study had met the planned enrollment of 80 subjects
ages 18 to 60 years who have been randomized 1:1 to receive twice-weekly intravenous infusions of Ampligen or placebo for 12 weeks, with
a follow-up phase of two weeks. In January 2025, we announced that the final Clinical Study results from AMP-518 had been posted to ClinicalTrials.gov.
The results support our belief in Ampligen as a potential therapeutic for people with the moderate-to-severe Post-COVID condition of
fatigue, and that this would be the likely subject population for any follow-up clinical trial.
Please
see “Ampligen as a Treatment for ME/CFS and Post-COVID Conditions” below.
OUR
PRODUCTS
Our
primary pharmaceutical product platform consists of Ampligen (rintatolimod), a first-in-class drug of large macromolecular double-stranded
(ds) RNA (ribonucleic acid) molecules. Ampligen is the only known TLR3 agonist to avoid helicase activation of NF-κB. Natural dsRNAs
and poly IC which activate NF-κB in the tumor microenvironment (TME) and have the potential to enhance cancer cell proliferation.
Alferon Injection is an FDA-approved natural alpha-interferon product.
Ampligen®
Ampligen
is approved for sale in Argentina (to 2026) for severe CFS and is an experimental drug in the United States currently being developed
for the treatment of late-stage pancreatic cancer, a lethal and unmet global health problem. Over its developmental history, Ampligen
has received various designations, including Orphan Drug Product Designation (FDA and EMA), Treatment protocol (e.g., “Expanded
Access” or “Compassionate” use authorization) with Cost Recovery Authorization (FDA); and “promising” clinical
outcome recognition based on the evaluation of certain summary clinical reports (“AHRQ” or Agency for Healthcare Research
and Quality). Based on the results of published, peer-reviewed pre-clinical studies and clinical trials, we believe that Ampligen may
have broad-spectrum antiviral and anti-cancer properties.
We
believe that nucleic acid compounds represent a potential new class of pharmaceutical products designed to act at the molecular level
for treatment of many human diseases. Ampligen represents the first drug in the class of large (macromolecular) dsRNA molecules to apply
for NDA review. There are two forms of nucleic acids: deoxyribonucleic acid (“DNA”) and ribonucleic acid (“RNA”).
DNA is a group of naturally occurring molecules found in chromosomes, the cell’s genetic machinery. RNA is a group of naturally
occurring informational molecules which orchestrate a cell’s behavior which, in turn, regulates the action of groups of cells,
including the cells which comprise the body’s immune system. RNA directs the production of proteins and regulates certain cell
activities, including the activation of an otherwise dormant cellular defense against viruses and tumors. Our drug technology utilizes
specifically configured RNA and is a selective Toll-like Receptor 3 (“TLR3”) agonist that can be administered intravenously,
intranasally and intraperitoneally. Ampligen has been assigned the generic name rintatolimod by the United States Adopted Names Council
(“USANC”) and has the chemical designation poly(I):poly(C12U).
Expanded
Access Program/Early Access Programs/clinical trials of Ampligen that have been conducted or that are ongoing include studies of the
potential treatment of patients with pancreatic cancer, renal cell carcinoma, malignant melanoma, non-small cell lung cancer, ovarian
cancer, breast cancer, colorectal cancer, prostate cancer, ME/CFS, Hepatitis B, HIV, COVID-19 and Post-COVID conditions.
We
have received approval of our NDA from ANMAT for the commercial sale of Ampligen in the Argentine Republic for the treatment of severe
CFS. The product would be marketed by GP Pharm – now Filaxis – our commercial partner in Latin America. Shipment of the drug
product to Argentina was initiated in 2018 to complete the release testing by ANMAT needed for commercial distribution. In September
2019, we received clearance from the FDA to ship Ampligen to Argentina for the commercial launch and subsequent sales. In June 2020,
we received import clearance from ANMAT to import the first shipment of commercial grade vials of Ampligen into Argentina. Collaboration
with Filaxis continues for commercial launch of Ampligen in Argentina. To successfully bring this to market, several key steps are necessary,
including building disease awareness, providing medical education, securing appropriate reimbursement, developing effective market strategies,
and finalizing manufacturing preparations for launch.
The
economic landscape in Argentina has changed dramatically since then, with the country experiencing significant hyper-inflation. As contracts
in Argentina are U.S. dollar contracts, the parties must evaluate the impact of the devaluation on the relationship and the ability to
go forward on a U.S.-dollar basis. The combination of the cost and frequency of treatments has rendered CFS treatments in Argentina cost
prohibitive, at least for the time being. We will therefore focus our efforts with Filaxis on an approval in Argentina for pancreatic
cancer.
In
May 2016, we entered into a five-year agreement with myTomorrows, a Netherlands-based company, for the commencement and management
of an Early Access Program (“EAP”) in Europe and Turkey related to ME/CFS. Pursuant to the agreement, as amended,
myTomorrows also is managing all Early Access Programs and Special Access Programs in Europe, Canada, and Turkey to treat pancreatic
cancer and ME/CFS patients. The agreement was automatically extended for a period of 12 months on May 20, 2021 and will continue to
be automatically extended for periods of 12 months every May 20 until terminated or the terms of the agreement are met.
29
In
June 2018, Ampligen was cited as outperforming two other TLR3 agonists — poly IC and natural double stranded RNA — in creating
an enhanced tumor microenvironment for checkpoint blockade therapy in the journal of Cancer Research. In a head-to-head study in explant
culture models, Ampligen activated the TLR3 pathway and promoted an accumulation of killer T cells but, unlike the other two TLR3 agonists,
it did so without causing regulatory T cell (Treg) attraction. These findings were considered important because they indicate that Ampligen
selectively reprograms the tumor microenvironment by inducing the beneficial aspects of tumor inflammation (attracting killer T cells),
without amplifying immune-suppressive elements such as regulatory T cells. The study was conducted at the University of Pittsburgh and
Roswell Park as a part of the NIH-funded P01 CA132714 and Ovarian Cancer Specialized Program of Research Excellence (“SPORE”).
AIM
currently has adequate stock of Ampligen for ongoing clinical purposes. As to the production of additional Ampligen when and if needed,
the validation of the polymer production process with Sterling Pharma Solutions (“Sterling”) is ongoing. This will need to
be completed before we can manufacture more polymer, and thus more Ampligen.
Alferon
N Injection®
Alferon
N Injection is the registered trademark for our injectable formulation of natural alpha interferon. Alferon N Injection is the only natural-source,
multi-species alpha interferon currently approved for sale in the United States and Argentina for the intralesional (within lesions)
treatment of refractory (resistant to other treatment) or recurring external genital warts in patients 18 years of age or older. Alferon
N Injection is also approved in Argentina for the treatment of refractory patients that failed or were intolerant to treatment with recombinant
interferons. Certain types of human papilloma viruses (“HPV”) cause genital warts, a sexually transmitted disease (“STD”).
According to the CDC, HPV is the most common sexually transmitted infection, with approximately 79 million Americans — most in
their late teens and early 20s — infected with HPV. Although they do not usually result in death, genital warts commonly recur,
causing significant morbidity and entail substantial health care costs.
Interferons
are a group of proteins produced and secreted by cells to combat diseases. Researchers have identified four major classes of human interferon:
alpha, beta, gamma and omega. Alferon N Injection contains a multi-species form of alpha interferon. The worldwide market for injectable
alpha interferon-based products has experienced rapid growth and various alpha interferon injectable products are approved for many major
medical uses worldwide. Alpha interferons are manufactured commercially in three ways: by genetic engineering, by cell culture, and from
human white blood cells. All three of these types of alpha interferon are or were approved for commercial sale in the United States.
Our natural alpha interferon is produced from human white blood cells. The potential advantages of natural alpha interferon over recombinant
(i.e., synthetic) interferon produced and marketed by other pharmaceutical firms may be based upon their respective molecular compositions.
Natural alpha interferon is composed of a family of proteins containing many molecular species of interferon. In contrast, commercial
recombinant alpha interferon products each contain only a single species. Researchers have reported that the various species of interferons
may have differing antiviral activity depending upon the type of virus. Natural alpha interferon presents a broad complement of species,
which we believe may account for its higher activity in laboratory studies. Natural alpha interferon is also glycosylated (i.e., partially
covered with sugar molecules). We believe that the absence of glycosylation may be in part responsible for the production of interferon-neutralizing
antibodies seen in patients treated with recombinant alpha interferon. Although cell culture-derived interferon is also composed of multiple
glycosylated alpha interferon species, the types and relative quantity of these species are different from our natural alpha interferon.
The
production of new Alferon N Injection Active Pharmaceutical Ingredient, or API, is currently on hold. We do not know when – or
if ever – our products will be generally available for commercial sale for any indication. Given our focus on developing Ampligen
as an oncology therapy and antiviral, at this time we are not focusing on developing Alferon N Injection.
PATENTS
AND NON-PATENT EXCLUSIVITY RIGHTS
We
consider patent exclusivity as a crucial component of our business. As of March 31, 2026, we had 31 patents worldwide with 21 additional
pending patent applications comprising our intellectual property.
We
continually review our patents to assess their value. Please see “Note 6: Patents, and Trademark Rights, Net” under Notes
to the Consolidated Financial Statements for more information on these patents.
There
are no current patent litigation proceedings involving AIM.
Orphan
Drug Designation
We
have received Orphan Drug Designation (ODD) from the FDA for Ampligen used in the treatment of Chronic Fatigue Syndrome, HIV, Metastatic
Melanoma, Renal Cell Carcinoma, Pancreatic Adenocarcinoma and Ebola Virus Disease. U.S. ODD qualifies sponsors for incentives including
tax credits for qualified clinical trials, exemption from user fees and a potential seven years of market exclusivity after FDA approval.
In
the European Union, ODD carries ten years of market exclusivity after receiving marketing authorization. We have received ODD from the
EU for Ampligen used in the treatment of Ebola Virus Disease and Pancreatic Adenocarcinoma, and for Alferon used in the treatment of
Middle East Respiratory Syndrome.
30
RESEARCH
AND DEVELOPMENT (“R&D”)
Our
general focus during the past several fiscal years has been on expanding the market potential of Ampligen through investigation of efficacy
(in vitro and in vivo) in different immune-based disorders including cancer and CFS. We also have focused on research and development
of potential prophylactic and therapeutic applications for the treatment of COVID-19, including the long-term effects of COVID-19.
Immuno-Oncology
We
hold multiple patents related to the use of Ampligen as part of a combination therapy when combined with checkpoint inhibitors for the
treatment of cancer. The combination of these compounds is designed to work synergistically to enhance the effectiveness of the treatment.
AIM’s “synergistic” patents include a U.S. patent (expires August 9, 2039) for methods involving use of Ampligen as
part of a combination oncology therapy when paired with an anti-PD-L1 antibody; a patent in Japan (expires December 20, 2039) for the
use of Ampligen in combination with checkpoint inhibitors (anti-PD-1 or anti-PD-L1 antibodies) for the treatment of cancer; and a patent
in the Netherlands (expires December 19, 2039) for the use of Ampligen as a combination cancer therapy with checkpoint blockade inhibitors,
such as Keytruda (pembrolizumab), Opdivo (nivolumab) and Imfinzi (durvalumab). Additional “synergistic” patent applications
are pending and AIM will promptly announce when any such patent is issued. Additionally, in June 2025 we received a patent (expires January
25, 2041) covering methods involving the manufacture of a range of therapeutic double-stranded RNA (dsRNA) products, of which Ampligen
is included. Combined with our multiple compositions and methods patents involving Ampligen, this manufacturing patent, along with our
other issued patents, further secures our control over the synthesis and use of the first-in-class drug.
Multiple
Ampligen clinical trials are underway or recently completed at major university cancer centers testing whether tumor microenvironments
can be reprogrammed to increase the effectiveness of cancer immunotherapy, including checkpoint inhibitors.
Pancreatic
Cancer
AIM
has made the business decision to focus its efforts on the development of Ampligen for the treatment of late-stage pancreatic cancer,
as we believe that this path will potentially lead to the most lucrative outcome. Pancreatic cancer killed more than 100,000 people in
the American and European Union markets – and more than 450,000 people worldwide – as recently as 2022. AIM’s intellectual
property portfolio includes orphan drug designations for pancreatic cancer in both the United States and Europe. The company announced
in March 2026 that it would seek similar status in Japan.
There
are currently two approved clinical studies utilizing Ampligen in the treatment of pancreatic cancer:
● NCT05927142
- The DURIPANC Study is a Phase 1b/2 clinical trial combining Ampligen with AstraZeneca’s anti-PD-L1 immune checkpoint
inhibitor Imfinzi® (durvalumab) for the treatment of late-stage pancreatic cancer. The primary objective of the Phase 1b portion
was to determine the safety of combination treatment. Investigators at Erasmus Medical Center (“Erasmus MC”) in the
Netherlands have completed the safety evaluation of subjects enrolled in the first dose level of the dose escalation design, finding
the combination therapy to be generally well-tolerated with no severe treatment-related adverse events or dose-limiting toxicities.
In February 2025, we announced that the Erasmus MC Safety Committee had approved the clinical trial to move forward with Phase 2. In
July 2025, we announced a positive mid-year safety and efficacy update that included treatment of 14 subjects. There has been no
significant toxicity reported. Three of the 14 subjects (~21%) have progression free survival (PFS) >6 months with an additional
3 subjects (21%) not yet progressed. Overall survival (OS) of >6 months in majority of eligible subjects (64%). In February 2026,
we reported positive year-end interim clinical progress that included treatment of 18 subjects; promising PFS and OS continue to be
seen. Up to 25 patients are expected to be enrolled in the Phase 2 portion of DURIPANC. Enrollment and dosing are ongoing in Phase
2. As of March 31, 2026, 24 patients have been treated in the study. In March 2026, we announced an agreement with the PPD clinical
research business of Thermo Fisher Scientific to design AIM’s anticipated Phase 3 clinical trial in the use of Ampligen in the
treatment of late-stage pancreatic cancer. Thermo Fisher Scientific Inc. is a global leader in scientific progress.
● NCT05494697
- The Phase 2 AMP-270 clinical trial is a randomized, open-label, controlled, parallel-arm
study with the primary objective of comparing the efficacy of Ampligen in combination with
standard of care (SOC) versus SOC alone following first-line therapy, such as FOLFIRINOX
for subjects with locally advanced pancreatic adenocarcinoma. Secondary objectives include
comparing safety and tolerability. AMP-270 is designed to enroll approximately 90 subjects
in up to 30 centers across the U.S. and Europe. In August 2022, we received IRB approval
of the trial protocol and so announced the trial’s commencement. In February 2025,
we made a business decision to place screening/enrollment on hold and suspend the study.
The study may be redesigned or amended, pending additional data from the ongoing DURIPANC
clinical trial.
31
The
active clinical efforts involving Ampligen are built on a strong foundation of both pre-clinical and clinical work. Chief among them
was an early access program (“EAP”) at Erasmus Medical Center in the Netherlands, with Prof. C.H.J. van Eijck, MD, as lead
investigator. The EAP was for Ampligen as a monotherapy in late-stage pancreatic cancer. A total of 42 pancreatic cancer patients initially
received treatment with Ampligen immuno-oncology therapy under the EAP, with more than 80 patients ultimately receiving treatment. Ampligen
was associated with median survival of 19.7 months, which is an extension of median overall survival of 8.6 months when compared to the
standard of care. The EAP subjects also reported improved quality of life. We are in the process of seeking FDA “fast-track”
status.
Additional
scientific manuscripts supporting AIM’s efforts to develop Ampligen in the treatment of pancreatic cancer include:
● “Rintatolimod
in Advanced Pancreatic Cancer enhances Anti-Tumor Immunity through Dendritic Cell-Mediated
T Cell Responses” in the journal Clinical Cancer Research .
● “Rintatolimod
(Ampligen) Enhances Numbers of Peripheral B Cells and Is Associated with Longer Survival
in Patients with Locally Advanced and Metastasized Pancreatic Cancer Pre-Treated with FOLFIRINOX:
A Single-Center Named Patient Program,” Cancers
● “Treating
Pancreatic Ductal Adenocarcinoma Patients with Rintatolimod: Hitting Two Targets with One
Arrow?” International Hepato-Pancreato Biliary Association
● “Rintatolimod
Induces Antiviral Activities in Human Pancreatic Cancer Cells: Opening for an Anti-COVID-19
Opportunity in Cancer Patients?” Cancers
Ampligen
Efforts in Other Cancers of Interest
AIM
believes that Ampligen has potential as both a monotherapy and as part of a combination therapy in the treatment of many solid tumor
types. Our clinical work in this area includes:
● Advanced
Recurrent Ovarian Cancer (NCT02432378) - Results of the Phase 1 portion of a Phase 1/2 study
of intraperitoneal chemo-immunotherapy in advanced recurrent ovarian cancer were published
in the American Association for Cancer Research publication, Clinical Cancer Research (Clin
Cancer Res January 19, 2022 DOI: 10.1158/1078-0432.CCR-21-3659). The study results represent
an important extension of prior studies using human tumor explants that showed Ampligen’s
potential role as a TLR3 agonist acting synergistically with high-dose IFNα and celecoxib
to selectively enhance Teff cell-attractants while suppressing Treg-attractants in the tumor
microenvironment with a concomitant increase in the Teff/Treg ratio. The importance of boosting
the Teff/Treg ratio in the tumor microenvironment is that it is associated with the conversion
of ‘cold’ tumors into ‘hot’ tumors, which have an increased sensitivity
to chemo-immunotherapy and an improved chance of showing tumor regression. The Phase 1 portion
was designed to establish intraperitoneal safety. The Phase 2 portion of the study has been
terminated due to lack of funding.
● Advanced
Recurrent Ovarian Cancer (NCT03734692) - A Phase 2 study of advanced recurrent ovarian cancer
using cisplatin, pembrolizumab, plus Ampligen; 27 patients enrolled, with 24 evaluable for response. In May
2026, we announced results from the UPMC Primary Endpoint Report. The topline results included: 50% Objective Response Rate (ORR), including
21% complete responses; 79% Clinical Benefit Rate; Median Overall Survival of 32.5 months; durable responses exceeding 70+ months in select
patients; and no Grade 4 or 5 toxicities observed. Collection of additional secondary endpoint data including progression-free survival,
time to disease progression and overall survival is expected to be completed in January 2027. Based on these results and other research
suggesting a similar effect in other solid tumor types, AIM sees an Ampligen combination therapy as having potential across multiple types
of cancers. Additional clinical studies are being planned in these tumor types to further confirm these effects.
● Stage
4 Metastatic Triple Negative Breast Cancer (NCT03599453) - Phase 1 study of metastatic triple-negative
breast cancer using chemokine modulation therapy, including Ampligen and pembrolizumab. Eight
patients were enrolled and 6 patients were evaluable. The key findings announced in April
2022 and published in November 2023, included:. The pre-determined primary endpoint of efficacy
was met (increase in CD8 in TME). Uniform increase of immune markers upon treatment was observed:
CD8 mRNA (6.1-fold; p-0.034), GZMB mRNA (3.5-fold; p=0.058), ratios of CD8 /FOXP3 and GZMB/FOXP3
(5.7-fold; p=0.036, and 7.6-fold; p=0.024 respectively), thus successfully meeting the pre-determined
primary endpoint in the study (increase in CD8 in TME). In addition, an increase in CTL attractants
CXCL10 (2.6-fold; p=0.104) and CCL5 (3.3-fold; p=0.019) was observed. In contrast, Treg marker
FOXP3 or Treg attractants CCL22 or CXCL12 were not enhanced. Three patients had stable disease
lasting 2.4, 2.5 and 3.8 months, as of data cut off September 1, 2021. An additional patient
(non-evaluable) had a partial response (breast tumor autoamputation) with massive tumor necrosis
in the post-CKM biopsy.
32
● Stage
4 Colorectal Cancer Metastatic to the Liver (NCT03403634) - Phase 2a study of Ampligen as
a component of chemokine modulatory regimen on colorectal cancer metastatic to liver; recruitment
has been completed; 19 patients were enrolled and 12 patients were evaluable for the primary
endpoint. The key findings announced in April 2022 included. The study’s primary endpoint
was met, evidenced by increased CD8a expression post-treatment (p=0.046). Increase in the
CD8a/CD4 (p=0.03), CD8a/FOXP3 (p<0.01) and GZMB/FOXP3 (p<0.01) ratios. The expression
of CTL-attracting chemokines CCL5 (p=0.08), CXCL9 (p=0.05), and CXCL10 (p=0.06) were increased,
while expression of the Treg/MDSC attractant CXCL12 (p=0.07) was decreased post-treatment.
OS was 10.5 (90% CI 2.2-15.2) months, and the median PFS was 1.5 (90% CI 1.4, 1.8) months.
No tumor responses were seen. The treatment was well tolerated. Of all enrolled patients
(N=19), adverse events were noted in 74% of patients, with the most common being fatigue
(58%). Grade 3 or higher adverse events were rare (5%).
● Early-Stage
Prostate Cancer (NCT03899987) - Phase 2 study investigating the effectiveness and safety
of aspirin and Ampligen with or without interferon-alpha 2b (Intron A) compared to no drug
treatments in a randomized three-arm study of patients with prostate cancer before undergoing
radical prostatectomy. Patient enrollment was initiated in this study designed for up to
45 patients. The study was temporarily suspended due to the Merck discontinuation of Intron-A
production. Roswell Park has had a Type-C meeting with the FDA and has performed the necessary
experiments to replace Intron-A with a generic alpha-interferon. As of August 2025, the study
is no longer recruiting patients. A total of 12 patients were enrolled.
● Early-Stage
Triple Negative Breast Cancer (NCT04081389) - The objective of this Phase 1 study is to evaluate
the safety and tolerability of a combination of Ampligen, celecoxib with or without Intron
A, when given along with chemotherapy in patients with early-stage triple negative breast
cancer. The now completed (as of September 2022) topline results from the study confirm the
positive findings that were previously presented at the 2022 Society for Immunotherapy of
Cancer (SITC) 37th Annual Meeting in a poster presentation titled Safety and efficacy of
de-escalated neoadjuvant chemoimmunotherapy of triple negative breast cancer (TNBC) using
chemokine-modulating regimen (rintatolimod, IFN-α2b, celecoxib). The primary endpoint
of the study was safety and tolerability. The results demonstrated that treatment was well-tolerated
with mostly grade 1 or 2 treatment-related adverse events (TRAEs) without dose-limiting toxicities
(DLTs) or delayed or immune-related toxicities. DLT was defined as grade 3 or higher toxicities
within the first 3 weeks. Secondary endpoints included pCR rate where 5/9 (56%) of patients
attained pCR and 1 more patient attained ypTmic. Tumor and blood biomarkers were also analyzed
in exploratory studies.
● Refractory
Melanoma (NCT04093323) - Roswell Park Comprehensive Cancer Center (“Roswell Park”),
in a clinical trial fully funded by the National Cancer Institute (NCI), has commenced patient
enrollment in its Phase 2 study in subjects with primary PD-1/PD-L1 resistant melanoma. The
Phase 2 study will evaluate type-1 polarized dendritic cell (αDC1) vaccine in combination
with tumor-selective chemokine modulation (“CKM”) comprised of Interferon alpha
2b, Ampligen (rintatolimod) and Celecoxib. Up to 24 patients are to be enrolled. The study
was temporarily suspended due to the Merck discontinuation of Intron-A production but has
since resumed recruitment. In June 2025, the study was terminated with 1 patient enrolled,
funding completed.
● Metastatic
or Unresectable Triple Negative Breast Cancer (NCT05756166) - This phase 1/2a trial tests
the safety, side effects, and best dose of chemokine modulation therapy (rintatolimod, celecoxib,
and interferon alpha 2b) in combination with pembrolizumab for the treatment of patients
with triple negative breast cancer that has spread from where it first started (primary site)
to other places in the body (metastatic) or that cannot be removed by surgery (unresectable).
In June 2025, the study was terminated with 5 patients enrolled, funding ended.
Ampligen
as a Potential Antiviral
We
have research and pre-clinical history that indicates the broad-spectrum antiviral capability of Ampligen in animals. We hope to demonstrate
that it has the same effect in humans. To demonstrate this requires a population infected with a virus – among other factors –
which is why our most recent antiviral focus has been on COVID-19 (the disease caused by SARS-CoV-2). We have conducted experiments in
SARS-CoV-2 showing Ampligen has a powerful impact on viral replication. Previous animal studies yielded positive results utilizing Ampligen
to treat viruses such as Western Equine Encephalitis Virus, Ebola, Vaccinia Virus (which is used in the manufacture of smallpox vaccine)
and SARS-CoV-1. The prior studies of Ampligen in SARS-CoV-1 animal experimentation may predict similar protective effects against SARS-CoV-2.
● The
Barnard 2006 study found that Ampligen reduced virus lung levels to below detectable limits.
● The
Day 2009 study found that, instead of 100% mortality, there was 100% protective survival
using Ampligen.
33
SARS-CoV-2
shares important genomic and pathogenic similarities with SARS-CoV-1. Since Ampligen has shown antiviral activity against more distantly
related coronaviruses, there is a reasonable probability that the antiviral effects of Ampligen against SARS-CoV-1 will extend to SARS-CoV-2,
and in fact Ampligen has demonstrated ex vivo antiviral activity against SARS-CoV-2. Additionally, research at Utah State University’s
Institute for Viral Research showed that Ampligen was able to decrease SARS-CoV-2 infectious viral yields by 90% at clinically achievable
intranasal Ampligen dosage levels.
Our
intellectual property portfolio includes a Japanese patent for the treatment of severe acute viral infections, including influenza and
SARS.
In
May 2020, the FDA authorized an IND for Roswell Park to conduct a Phase 1/2a study of a regimen of Ampligen and interferon alpha in cancer
patients with COVID-19 infections. This clinical trial (NCT04379518), sponsored in collaboration with Roswell Park, was designed to test
the safety of the combination regimen in patients with cancer and COVID-19, and the extent to which this therapy might promote clearance
of the SARS-CoV-2 virus from the upper airway. The first patient enrolled and treated in November 2020. This study was amended to add
20 patients but ultimately terminated after low accrual. Roswell Park reported partial results from the study. The study was terminated in January 2026 with 4 patients enrolled due to low accrual.
In
January 2021, we entered into a Sponsor Agreement with the Center for Human Drug Research (“CHDR”) to manage a Phase 1 randomized,
double-blind study to evaluate the safety and activity of repeated intranasal administration of Ampligen. AIM funded and sponsored the
study. This study was designed to assess the safety, tolerability and biological activity of repeated administration of Ampligen intranasally.
A total of 40 healthy subjects received either Ampligen or a placebo in the trial, with the Ampligen given at four escalating dosages
across four cohorts, to a maximum level of 1,250 micrograms. The study was completed, and the Final Safety Report reported no Serious
or Severe Adverse Events at any dosage level. We believe that the trial is a critical step in our efforts to develop Ampligen as a potential
prophylaxis or treatment for COVID-19 and other respiratory viral diseases.
We
believe that these results create a compelling case for further clinical trials to evaluate Ampligen as a potential tool in the fight
against COVID-19.
Ampligen
as a Treatment for ME/CFS and Post-COVID Conditions
Myalgic
Encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS), also known as Chronic Fatigue Immune Dysfunction Syndrome (“CFIDS”)
and Chronic Fatigue Syndrome (CFS), is a serious and debilitating chronic illness and a major public health problem. ME/CFS is recognized
by both the government and private sector as a significant unmet medical need, including the U.S. National Institutes of Health (“NIH”),
FDA and the CDC.
Many
severe ME/CFS patients become completely disabled or totally bedridden and are afflicted with severe pain and mental confusion even at
rest. ME/CFS is characterized by incapacitating fatigue with profound exhaustion and extremely poor stamina, sleep difficulties and problems
with concentration and short-term memory. It is also accompanied by flu-like symptoms, pain in the joints and muscles, tender lymph nodes,
sore throat and new headaches. A distinctive characteristic of the illness is a worsening of symptoms following physical or mental exertion,
which do not subside with rest.
The
AMP-511 Expanded Access Program (“AMP-511”) is an open-label treatment protocol allowing Ampligen access to severely debilitated
CFS patients. The AMP-511 protocol started in the 1990s and is ongoing. The data collected from the AMP-511 protocol through clinical
sites provide safety information regarding the use of Ampligen in patients with CFS. We are establishing an enlarged database of clinical
safety information which we believe will provide further documentation regarding the absence of autoimmune disease associated with Ampligen
treatment. We believe that continued efforts to understand existing data, and to advance the development of new data and information,
will ultimately support our future filings for Ampligen and/or the design of future clinical studies that the FDA requested in a CRL.
The FDA approved an increased reimbursement level from $200 to $345 per 200 mg vial of Ampligen, due to increased production costs; which
was re-authorized in 2021, 2022, 2023, 2024 and 2025. At this time, we do not plan on passing this adjustment along to the patients in
this program.
In
October 2020, we received IRB approval for the expansion of the AMP-511 Expanded Access Program clinical trial for ME/CFS to include
patients previously diagnosed with SARS-CoV-2 following clearance of the virus, but who still demonstrate chronic fatigue-like symptoms
known as Post-COVID conditions. As of March 31, 2026, there were 4 patients enrolled in this open-label expanded access treatment
protocol (including one patient with Post-COVID Conditions). In July 2022, AIM reported positive preliminary results based on data from
the first four Post-COVID Condition patients enrolled in the study. The data show that, by week 12, compared to baseline, the investigators
observed what they considered a clinically significant decrease in fatigue-related measures. To date, there have been eight such Post-COVID
patients treated in this study.
In
November 2020, we announced the publication of statistically significant data detailing how Ampligen could have a considerable positive
impact on people living with ME/CFS when administered in the early stages of the disease. The data were published in PLOS ONE, a peer-reviewed
open access scientific journal published by the Public Library of Science. AIM researchers found that the TLR3 agonist Ampligen substantially
improved physical performance in a subset of ME/CFS patients.
34
In
July 2023, we enrolled and dosed the first patient in our Phase 2 study evaluating Ampligen as a potential therapeutic for people with
post-COVID conditions (“AMP-518”). We announced in August 2023 that the study had met the planned enrollment of 80 subjects
ages 18 to 60 years who had been randomized 1:1 to receive twice-weekly intravenous infusions of Ampligen or placebo for 12 weeks, with
a follow-up phase of two weeks. All patients completed the study, and topline data was reported in February 2024.
In
January 2025, we announced that the final Clinical Study results from AMP-518 had been posted to ClinicalTrials.gov. Study subjects with
Long COVID were, on average, able to walk farther in a Six-Minute Walk Test (“6MWT”) when compared to subjects who received
a placebo. The 6MWT measured the distance a subject was able to walk in six minutes as a baseline and then again at 13 weeks. A clear
signal of significant potential (p <0.02, two-tailed T-test) was observed in Ampligen-treated subjects with a baseline 6MWT less than
205 meters, who saw a mean improvement of 139 meters, compared to a mean improvement of 91 meters in the corresponding part of the group
who received the placebo. These results support our belief in Ampligen as a potential therapeutic for people with the moderate-to-severe
Post-COVID condition of fatigue, and that this would be the likely subject population for AIM’s planned follow-up clinical trial.
We
are holding off on further research and development in ME/CFS/Long-COVID until the ongoing DURIPANC clinical study in pancreatic ductal
adenocarcinoma is complete.
Ampligen
and Other Diseases
Endometriosis
● In
October 2024, we were granted U.S. patent No. 12,102,649, covering both compositions and
methods comprising a range of TRL3 agonist, within the drug Ampligen, in the treatment of
endometriosis, a painful chronic condition in which tissue similar to the lining of the uterus
grows outside the uterus, causing severe pelvic pain and making it difficult or impossible
to become pregnant. The patented method involves the administration of a therapeutically
effective amount of pharmaceutical composition containing our proprietary double-stranded
RNA products. The versatile administration options offer flexibility for patient-specific
needs and care. The patent also covers treatments targeting recurrent endometriosis and includes
options for co-administration with interferons, including well-known types such as alpha
and beta interferons.
Ebola-related
Disorders - We concluded our series of collaborations designed to determine the potential effectiveness of Ampligen and Alferon N
Injection as potential preventive and/or therapeutic treatments for Ebola-related disorders. Although we believe that the threat of both
MERS and Ebola globally may reemerge in the future, it appears that the spread of these disorders has diminished.
● In
April 2021, we entered into an MTA with the University of Cagliari Dipartimento di Scienze
della Vita e dell’Ambiente (“UNICA”), an educational institution, under
the laws of Italy, located in Monserrato (Cagliari), Italy. The MTA relates to the research
and development of the effects of Ampligen and its ability to induce interferon production
in several cell lines, and also on the ability of the Ebola virus protein VP35 to bind to
viral dsRNA and impede interferon’s upregulation and activity, and on Ampligen’s
ability to reverse VP35 inhibition of interferon production in biological systems. The data
analysis was published in the peer-reviewed journal Antiviral Research, in a manuscript titled
“Ebola virus disease: In vivo protection provided by the PAMP restricted TLR3 agonist
rintatolimod and its mechanism of action.” We believe that the analysis supports a
dual mechanism of action when Ampligen is used as a prophylactic therapy against Ebola Virus
Disease.
● In
November 2022, we received notice that the FDA had granted Orphan Drug Designation to Ampligen
for the treatment of Ebola virus disease.
Alzheimer’s
Disease
● In
May 2021, we filed a U.S. Provisional Patent Application for Ampligen as a potential therapeutic
to possibly slow, halt, or reverse the progression of Alzheimer’s disease. A similar
patent application was filed in Europe in 2022.
Avian
Influenza
● We
announced in February 2025 our intention to pursue a study of a potential avian influenza
combination therapy of Ampligen and AstraZeneca’s FluMist, a nasal spray vaccine that
helps prevent seasonal influenza. The new proposed clinical trial would expand upon previous
Company-sponsored clinical research at the University of Alabama-Birmingham (“UAB”),
which indicated that intranasal delivery of Ampligen after the intranasal delivery of the
FluMist seasonal influenza vaccine increased the immune response to seasonal variants in
the vaccine by greater than four-fold and induced cross-reactive secretory Immunoglobulin
A against highly pathogenic avian influenza virus strains H5N1, H7N9 and H7N3. We are seeking
collaborative grants from government and industry to defray the cost of the study. We believe
that pre-clinical and clinical work to date – combined with the ever-growing threat
of Avian influenza – strongly supports our decision to move forward with this second
Ampligen and FluMist study in humans.
35
MANUFACTURING
AIM’s
operations, research and development facility is housed in the New Jersey Bioscience Center and leased with the New Jersey Economic Development
Authority
Jubilant
HollisterStier (“Jubilant”) has been our authorized CMO for Ampligen since 2017. Multiple lots of Ampligen were produced
from 2018 to 2023. AIM currently has adequate stock of Ampligen for ongoing clinical purposes. In addition, we have supplied GP Pharm,
now Filaxis, with the Ampligen required for testing and ANMAT release under the agreement that GP Pharm, now Filaxis, would be the eventual
distributor in Argentina.
Our
business plan calls for the potential utilization of one or more CMOs. While we believe we have sufficient Ampligen API to meet our current
needs, we are also continually exploring new efficiencies so as to maximize our ability to fulfill future obligations. In December 2022,
we entered into a Master Service Agreement and a Quality Agreement with Sterling Pharma Solutions (“Sterling”) for the manufacture
of our Poly I and Poly C12U polynucleotides and transfer of associated test methods at Sterling’s Dudley, UK, location to produce
the polymer precursors to manufacture the drug Ampligen. We are utilizing Sterling’s expertise to refine our approach to polymer
production; the validation of the polymer production process with Sterling is ongoing.
Licensing/Collaborations/Joint
Ventures
We
have embarked on a strategy to license the product and/or to collaborate and/or create a joint venture with companies that have demonstrated
capabilities and commitment to successfully gain approval and commercialize Ampligen in their respective global territories of the world.
Ideal partners would have well-established global and regional experience and coverage; robust commercial infrastructure; a strong track
record of successful development and registration of in-licensed products; and a therapeutic area fit (e.g., ME/CFS, immuno-oncology).
As
Filaxis has now turned its focus to oncology, we are exploring the potential for the use of Ampligen in Argentina for the treatment of
pancreatic cancer as either a monotherapy or in combination with immunotherapies.
MARKETING/DISTRIBUTION
Beginning
in May 2016, we have had an exclusive Renewed Sales, Marketing, Distribution and Supply Agreement (the “Agreement”) with
GP Pharm, now Filaxis. Under this Agreement, GP Pharm is responsible for gaining regulatory approval in Argentina for Ampligen to treat
severe CFS in Argentina and for commercializing Ampligen for this indication in Argentina. We granted GP Pharm the right to expand rights
to sell this experimental therapeutic into other Latin America countries based upon GP Pharm achieving certain performance milestones.
The contract ended date May 24, 2024. While we are in discussions with Filaxis to extend the agreement, we are also open to the possibility
of looking for a new partner. In August 2021, ANMAT granted a five-year extension to a previous approval to sell and distribute Ampligen
to treat severe CFS in Argentina. This extends the approval until 2026.
In
May 2016, we entered into a five-year agreement (the “Impatients Agreement”) with Impatients, N.V. (“myTomorrows”),
a Netherlands-based company, for the commencement and management of an EAP in Europe and Turkey (the “Territory”) related
to ME/CFS. We supplied Ampligen to myTomorrows at a predetermined transfer price. In the event that we receive Marketing Authorization
in any country in the Territory, we will pay myTomorrows a royalty on products sold. Pursuant to the Impatients Agreement, the royalty
would be a percentage of Net Sales of Ampligen sold in the Territory where Marketing Authorization was obtained. The formula to determine
the percentage of Net Sales will be based on the number of patients that are entered into the EAP. We believe that disclosure of the
exact maximum royalty rate and royalty termination date could cause competitive harm. However, to assist the public in gauging these
terms, the actual maximum royalty rate is somewhere between 2% and 10% and the royalty termination date is somewhere between five and
fifteen years from the First Commercial Sale of a product within a specific country. The parties established a Joint Steering Committee
comprised of representatives of both parties to oversee the EAP. No assurance can be given that activities under the EAP will result
in Marketing Authorization or the sale of substantial amounts of Ampligen in the Territory. The agreement was automatically extended
for a period of 12 months on May 20, 2021; has been automatically extended for 12 months on each subsequent May 20; and will continue
to be automatically extended for periods of 12 months every May 20 until terminated or the terms of the agreement are met.
36
Alferon
N Injection is approved by the FDA for commercial sales in the United States for the treatment of genital warts. Commercial sales of
Alferon N Injection in the United States will not resume until new batches of commercial filled and finished product are produced and
released by the FDA. We will need the FDA’s approval to release commercial product once we have identified our new manufacturing
approach and submitted satisfactory stability and quality release data. We are not currently manufacturing Alferon N Injection and have
no definitive timetable to resume production.
In
February 2013, we received approval from Argentina’s ANMAT for Alferon N Injection (under the brand name “Naturaferon”)
for the treatment of refractory patients that failed or were intolerant to treatment with recombinant interferon. In JANMAT granted a
five-year extension in 2017; a request to extend the approval beyond 2022 has been filed and is still under review. GP Pharm, now renamed
Filaxis, has decided not to move forward with this project and has sent us a notice of termination for this project. However, as there
are numerous companies in Argentina now providing patients treatment with recombinant interferon, we believe these companies and their
patients would benefit greatly from having the opportunity to treat those refractory patients with Naturaferon. We are continuing to
seek out potential partners.
In
January 2017, the myTomorrows EAP designed to enable access of Ampligen to ME/CFS patients was extended to pancreatic cancer patients
beginning in the Netherlands. In February 2018, we signed an amendment to the EAP with myTomorrows to extend the Territory to cover Canada
to treat pancreatic cancer patients, pending government approval. In March 2018, we signed an amendment to make myTomorrows our exclusive
service provider for special access activities in Canada for the supply of Ampligen for the treatment of ME/CFS.
New
Accounting Pronouncements
See
“ Note 2: Recent Accounting Pronouncements”.
Critical
Accounting Policies and Estimates
There
have been no material changes in our critical accounting policies and estimates from those disclosed in Part II; Item 7: “Management’s
Discussion and Analysis of Financial Condition and Results of Operations; Critical Accounting Policies” contained in our Annual
Report on Form 10-K for the year ended December 31, 2025.
RESULTS
OF OPERATIONS
The Company’s operating results may fluctuate significantly depending on the pace of patient enrollment in
our clinical trials, particularly the ongoing DURIPANC study for pancreatic cancer. Patient enrollment has varied, which directly impacts
the timing and amount of clinical trial expenditures. Additionally, our ability to maintain compliance with NYSE American listing requirements
and the trading status of our common stock may affect our ability to raise capital and, consequently, our ability to fund ongoing operations
and clinical development activities. We cannot predict with certainty the timing of regulatory decisions or clinical trial outcomes, which
represent material uncertainties that could significantly impact our future results of operations.
The
following table sets forth, for the periods indicated, certain items in our Condensed Consolidated Statements of Income ($ in thousands):
Three months ended March 31,
Change
2026
2025
$
%
Revenues:
Clinical treatment programs – US
$ 22
$ 16
$ 6
37.5 %
Total Revenues
$ 22
$ 16
$ 6
37.5 %
Costs and Expenses:
Production costs
4
10
(6 )
-60.0 %
Research and development
482
1,080
(598 )
-55.4 %
General and administrative
1,762
2,545
(783 )
-30.8 %
Total Costs and Expenses
$ 2,248
$ 3,635
$ (1,387 )
-38.2 %
Operating loss
$ (2,226 )
$ (3,619 )
$ 1,393
-38.5 %
Gain (Loss) on investments
(1 )
27
(28 )
-103.7 %
Interest and other income
8
11
(3 )
-27.3 %
Interest Expense and Other Finance Costs
(304 )
(124 )
(180 )
145.2 %
Loss on change in fair value of warrant liability
(468 )
-
(468 )
100.0 %
Loss on issuance of warrants
(32 )
-
(32 )
100.0 %
Net Loss
$ (3,023 )
$ (3,705 )
$ 682
-18.4 %
37
The
Company’s net loss during the quarter ended March 31, 2026 was $3.0 million which was $682 thousand less than the $3.7 million
loss for the quarter ended March 31, 2025. Included in the March 2026 loss was a $468 thousand loss on warrant valuations recognized
prior to their reclassification from liability to equity as well as a $32 thousand loss on issuance of warrants related to the Rights
Offering. These losses are not expected to be incurred moving forward.
Total
costs and expenses declined to $2.2 million for the quarter ended March 31, 2026, compared with $3.6 million
for the quarter ended March 31, 2025, a decrease of $1.4 million and represents the primary driver for the overall decrease in net loss.
Research
and development costs declined to $482 thousand during the quarter ended March 31, 2026 compared with $1.1 million during the quarter
ended March 31, 2025. During the first quarter of 2025, the Company decided to direct its focus and efforts on the development of Ampligen
for the treatment of late-stage pancreatic cancer, with the belief that this path will potentially lead to the most lucrative outcome.
As a result, the Company evaluated its patent portfolio and made a decision to reduce its annual maintenance fees and development of
patents not meeting its current core objective. As a result, $335 thousand was charged to clinical expenses during the first quarter
of 2025 related to prior costs of developing and maintaining patents not specific to the primary focus and was the largest component
of the variance between the quarters.
Additionally,
fewer patients were enrolled in the Company’s Phase 2 testing for pancreatic cancer during the first quarter of 2026 than during
the quarter ended March 31, 2025, which resulted in $88 thousand in reduced payments to Amarex, the principal administrator of several
of AIM’s largest clinical studies. The timing and amount of clinical expenditures is dependent on recruiting patients and therefore
can be difficult to project.
General
and administrative costs for the quarter ended March 31, 2026 were $783 thousand below the first quarter of 2025 as a result of reduced
legal fees. During the quarter ended March 31, 2025, the Company was receiving final billings related to a shareholder dispute which
was settled during the fourth quarter of 2024.
Interest
expense was $304 thousand and $124 thousand for the three months ended March 31, 2026 and 2025, respectively. The increase in interest
expense is due to additional debt. On November 18, 2025, the Company (“Borrower”) entered into a Note Purchase Agreement
with Streeterville Capital LLC (“Streeterville” or the “Lender”). Under the terms of the agreement, Streeterville
paid the Company $2.5 million in exchange for an unsecured promissory Note with an Original Issue Discount of $781 thousand. The Company
will pay $3.3 million consisting of the principal amount of the Note, together with the original issue discount and $20 thousand of lender
transaction fees, no later than November 18, 2027. The stated interest rate of the note is 10%.
Liquidity
and Capital Resources
Change
3/31/2026
12/31/2025
$
%
Cash and cash equivalents
$ 5,816
$ 2,985
$ 2,831
94.8 %
Marketable securities
63
62
1
1.6 %
Highly liquid assets
$ 5,879
$ 3,047
$ 2,832
92.9 %
Three months ended March 31,
Change
2026
2025
$
%
Cash used in operating activities
$ (2,719 )
$ (2,361 )
$ (358 )
15.2 %
Cash (used in) provided by investing activities
(37 )
898
(935 )
-104.1 %
Cash provided by financing activities
5,587
660
4,927
746.5 %
Net change in cash
$ 2,831
$ (803 )
$ 3,634
452.6 %
38
Cash
balances increased by $2.8 million or 94.8% during the three months ended March 31, 2026, primarily the result of ongoing financing initiatives.
The Company raised $1.8 million from a grant of rights offering, $2.0 million from its ATM offering, and $2.2 million from warrant exercises
during the quarter ended March 31, 2026.
The
Company will continue to make efforts to raise equity in order to reach compliance with the minimum stockholder equity requirement of
the NYSE. Cash used by operating activities increased during the three months ended March 31, 2026 when compared to the three months
ended March 31, 2025 primarily due to the utilization of cash for accounts payable.
During
the quarter ended March 31, 2025, the Company utilized a portion of its investments to provide cash for operations. During the quarter
ended March 31, 2026, the Company utilized financing activities to provide the necessary operating funds which caused a $935 thousand
difference in cash from investing activities when comparing the periods.
Our
principal source of liquidity is our cash and cash equivalents, marketable securities, and proceeds from financing activities to provide
the necessary funding to meet our obligations as they become due. As of March 31, 2026, we had $5.9 million in cash, cash equivalents
and marketable investments, inclusive of $63 thousand in marketable investments, compared to $3.0 million as of December
31, 2025.
Ongoing operating losses combined with limited current working capital
raised substantial doubt regarding our ability to continue as a going concern for a period of at least one year from the date of the issuance
of these consolidated financial statements. See Note 1 to our Unaudited Condensed Consolidated Financial Statements.
The
accompanying unaudited consolidated financial statements have been prepared assuming that we will continue as a going concern. On March
31, 2026, our current assets exceeded our current liabilities by $69 thousand which raised
doubt about our ability to continue as a going concern. Additionally, at March 31, 2026, our stockholders’ equity was below
the minimum requirements for continued listing on the NYSE American. See “Potential Delisting from the NYSE American” below.
The small working capital balance, anticipated cash needs over the next 12 months and potential delisting raised substantial doubt about
our ability to continue as a going concern.
On
September 6, 2024, an amendment to an agreement dated April 7, 2022, was executed by us and Amarex clarifying and changing the nature
of the remaining execution fee of $725 thousand. The amendment allowed that the remainder would not be exclusive to the agreement dated
on April 7, 2022, that the nature of the payment changed from an execution fee to a fully refundable deposit, and that it could be applied
to any invoice upon mutual agreement of the parties, removed the threshold contingencies, and if such invoices were not sufficient to
exhaust the balance, that the refund would be refunded in cash. Due to the changes brought about by the amendment, the nature of the
payment changed to deposit status. At March 31, 2026, we had a remaining deposit of $184 thousand which may be used to offset future
clinical research expenditures. This deposit is listed as a non-current asset on the balance sheet but could provide working capital
if the timing of expenditures are realized within the next 12 months.
On
April 4, 2025, trading of the Company’s common stock had been suspended by NYSE American. Leading up to this event, the Company and
Streeterville (the “Lender”) were in regular communication, regarding the potential impact on the loan agreements.
On May 13, 2025, we entered into a Forbearance Agreement with the Lender pursuant to which, for a 1% fee and expenses, the Lender
released the Company and its affiliates from all defaults under the Agreements through the date of the Forbearance Agreement and confirmed
that, as a result, no Default Interest was due, with no adverse effect on liquidity.
On
March 6, 2026, we completed a rights offering (the “2026 Rights Offering”) to our stockholders and to holders of certain
of our outstanding options and warrants that had the right to participate in the 2026 Rights Offering as of February 10, 2026, the record
date. In the Rights Offering we issued non-transferable subscription rights to purchase 1,842 Units. Each Unit consists of one share
of Series G Convertible Preferred Stock (the “G Preferred”) and 2,000 warrants to purchase common stock (the “G Warrants”).
Each share of G Preferred is convertible, at the option of the holder at any time, into a number of shares of our common stock equal
to the quotient of the stated value of the Preferred Stock ($1 thousand) divided by $1.00, the conversion price. Each G Warrant is exercisable
for one share of our common stock at an exercise price of $1.00 per share from March 6, 2026, the date of issuance, through its expiration
five years from the date of issuance. The 2026 Rights Offering raised $1.8 million in gross proceeds.
We
entered into an amendment to a Promissory Note with our Lender on March 10, 2026. The maturity date for the Note was extended until June
30, 2026. Other than the maturity date extension, there were no other changes to the agreement.
As
a research and development company, we are conducting research necessary to bring our product, Ampligen, to market. As such, we primarily
rely on financing activities to provide the necessary funding to meet our obligations as they become due. AIM has a long and demonstrated
history of success in these efforts, however, there is no assurance that we will be successful in attaining the necessary funding in
the future.
39
Potential
Delisting from the NYSE American
On
December 11, 2024, we received an official notice of noncompliance with the NYSE American’s continued listing requirements. This
includes the need for us to have stockholders’ equity of $6 million or more. The NYSE American’s review showed that we were
not in compliance with that requirement. As required, we submitted a plan (the “Plan”) to the NYSE American illustrating
how we can regain compliance by June 11, 2026. The Plan includes a number of ways to raise capital. The NYSE American accepted our Plan
on February 26, 2025. If we are not able to regain compliance by June 11, 2026, our common stock may be delisted from the NYSE American.
As of March 31, 2026, our stockholders’ equity was $2.1 million. We must increase our stockholders’ equity to be at least
$6 million to regain compliance with this rule. If we are not able to raise sufficient capital as set forth in the Plan or by other means,
we may be unable to regain compliance with the NYSE American’s listing standards, and our securities could be subject to delisting.
In the event that the price of our Common Stock drops to $0.10 per share, our Common Stock will automatically be delisted from the NYSE
American.
On
April 30, 2025, the Company held a special meeting of stockholders and authorized the Company’s Board of Directors to effect a
reverse split at its discretion on a basis of up to one for 100 outstanding shares of Common Stock. On May 29, 2025, the Board authorized
the Reverse Split and on June 10, 2025, the Company filed an amendment to its Articles of Incorporation effecting a reverse split of
its outstanding shares of Common Stock on a one for 100 basis (the “Reverse Split”). Stockholders were given cash in lieu
of any fractional shares on a post-split basis.
On
June 11, 2025, the Company was notified by the NYSE American that the Company had regained compliance with Section 1003(f)(v) of the NYSE American’s
Company Guide (low selling price) and that trading in the Company’s Common Stock was reinstated on the NYSE American on June 17, 2025.
We
are committed to a focused business plan oriented toward finding senior co-development partners with the capital and expertise needed
to commercialize the many potential therapeutic aspects of our experimental drugs and our FDA approved drug Alferon N Injection.
The
development of our products requires the commitment of substantial resources to conduct time-consuming research, preclinical development,
and clinical trials that are necessary to bring pharmaceutical products to market. We believe, based on our current financial condition,
that we do not have adequate funds to meet our anticipated operational cash needs and fund current clinical trials. At present we do
not generate any material revenues from operations, and we do not anticipate doing so in the near future. We will need to obtain additional
funding in the future to continue operations and for new studies and/or if current studies do not yield positive results, require unanticipated
changes and/or additional studies.
Today,
some six years after COVID-19 first appeared, the world has a number of vaccines and therapeutics. Our quest to prove the antiviral activities
of Ampligen continues. If Ampligen has the broad-spectrum antiviral properties that we believe that it has, it could be a very valuable
tool in treating variants of existing viral diseases, including COVID-19, or novel ones that arise in the future. Unlike most developing
therapeutics which attack the virus, Ampligen works differently. We believe that it activates antiviral immune system pathways that fight
not just a particular virus or viral variant, but other similar viruses as well.
At
present we do not generate any material revenues from operations, and we do not anticipate doing so in the near future. We will need
to obtain additional funding in the future for new studies and/or if current studies do not yield positive results, require unanticipated
changes and/or additional studies. If we are unable to commercialize and sell Ampligen and/or recommence material sales of Alferon N
Injection, our operations, financial position and liquidity may be adversely impacted, and additional financing may be required. There
can be no assurances that, if needed, we will be able to raise adequate funds or enter into licensing, partnering or other arrangements
to advance our business goals. We may seek to access the public equity market whenever conditions are favorable, even if we do not have
an immediate need for additional capital at that time. We are unable to estimate the amount, timing or nature of future sales of outstanding
common stock or instruments convertible into or exercisable for our common stock. Any additional funding may result in significant dilution
and could involve the issuance of securities with rights, which are senior to those of existing stockholders. See Part I, Item 1A - “Risk
Factors; We will require additional financing which may not be available”.
Material
Cash Requirements
Over
the next 12 months, we anticipate that our primary cash requirements will include funding ongoing clinical trials for the DURIPANC study,
general and administrative expenses, and debt service obligations. As of March 31, 2026, we had approximately $5.9 million in cash, cash
equivalents, and marketable securities. We estimate that our short-term (annual) working capital requirements currently range between
$7.2 million and $10.8 million depending on the progress of clinical trials and financing sources.
Our
long-term capital needs will depend significantly on the outcome of our ongoing clinical trials, regulatory decisions, and our ability
to secure strategic partnerships or licensing arrangements. If Ampligen receives regulatory approval for any indication, we would require
substantial additional capital to support commercialization activities. We may seek to raise additional capital through public or private
equity offerings, debt financing, or collaborative arrangements with strategic partners.
40
Possible
Sources of Funding
Universal
Shelf Registration Statement and At-The-Market Offering with Maxim
On
April 1, 2025, the Company entered into a new EDA, with Maxim (the “Sales Agreement”) pursuant to which it may issue and
sell up to an aggregate of $3 million of the Company’s common stock from time to time through Maxim acting as agent. Under
the terms of the Sales Agreement in no event will the Company, inter alia, issue or sell through the sales agreement such number or dollar
amount of shares of common stock that would exceed the number or dollar amount of shares of common stock permitted to be sold under Form
S-3 (including General Instruction I.B.6 thereof, if applicable). For the year ended December 31, 2025, the Company sold 155,874 shares
under the EDA for total gross proceeds of $225 thousand, which includes a 3.0% fee to Maxim of $7 thousand. For the three months
ended March 31, 2026, the Company sold 2,025,292 shares under the EDA for total gross proceeds of $2.1 million, which includes a 3.0%
fee to Maxim of $62 thousand related to this agreement. See Note 15 - Subsequent Events for additional information on an amendment
to this agreement.
Pursuant
to the Sales Agreement, we will pay Maxim in cash, upon each sale of the common stock pursuant to the sales agreement, a commission in
an amount equal to 3.0% of the aggregate gross proceeds from each sale of common stock. Because there is no minimum offering amount required
as a condition to this offering, the actual total public offering amount, commissions and proceeds to us, if any, are not determinable
at this time. We have agreed, under certain circumstances, to reimburse a portion of Maxim’s expenses, including legal fees up
to a maximum of $50 thousand, and $5 thousand on a quarterly basis thereafter.
The
shares under the sales agreement will only be offered after a prospectus related to such offering is filed with the SEC. If and when
the shares are offered, they will be offered pursuant to a shelf registration statement on Form S-3 (File No. 333-286319), which was
declared effective on July 3, 2025.
Warrant
Inducement
The
Company entered into a warrant exercise inducement offer letter agreement, dated May 7, 2026 with holders of (i) Class A and Class B
warrants to purchase common stock, par value $0.001 per share, issued on May 31, 2024; (ii) Class C and Class D Common Stock purchase
warrants issued on September 30, 2024; and (iii) Class E and Class F Common Stock purchase warrants issued on July 31, 2025. Pursuant
to the Inducement Letter, the Holders agreed to exercise the Existing Warrants for cash certain of their Existing Warrants to purchase
an aggregate of 7,451,920 shares of Common Stock at a reduced exercise price of $0.48 per share in exchange for the Company’s agreement
to issue new Class H warrants to purchase an aggregate of up to 14,903,840 shares of Common Stock at an exercise price of $0.60 per share,
exercisable on or after the Stockholder Approval Date (as defined in the Inducement Letter) for a period of five years.
On
May 8, 2026, the Company closed the Inducement Transaction and received aggregate gross proceeds of approximately $3.6 million and issued
the Inducement Warrants.
ITEM
3: Quantitative and Qualitative Disclosures About Market Risk
We
are a smaller reporting company as defined by Rule 12b-2 of the Exchange Act and are not required to provide the information required
under this item.
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.