Annual report pursuant to Section 13 and 15(d)

NATURE OF OPERATIONS AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Tables)

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NATURE OF OPERATIONS AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Tables)
12 Months Ended
Dec. 31, 2012
NATURE OF OPERATIONS AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES [Abstract]  
Intangible assets
Intangible assets consist of the following (in thousands):
 
December 31, 2012
 
December 31, 2011
 
Gross carrying
value
   
Accumulated
amortization
   
Gross carrying
value
   
Accumulated
amortization
 
Amortizable intangible
assets - Patents
  $  2,624     $  2,624     $  2,624     $ 2,262
Estimates related to gross-to-net sales adjustments for product
We believe our estimates related to gross-to-net sales adjustments for MuGard do not have a high degree of estimation complexity or uncertainty as the related amounts are settled within a short period of time.
 
Below is a table showing gross sales and net sales by quarter for the years ended December 31, 2012 and 2011.
 
 
(in thousands)
Three months
ended
March 31, 2012
   
Three months
ended
June 30, 2012
   
Three months
ended
Sept 30, 2012
   
Three months
ended
Dec 31, 2012
   
Twelve months
ended
Dec 31, 2012
 
Gross sales
    $ 577       $ 712       $ 877       $ 1,048       $ 3,214  
Cash discounts
  5     13     7     9     34  
Contract discounts
      18         84         89         124         315  
Net Sales     $ 554       $ 615       $ 781       $ 915       $ 2,865  
                               
   
Three months
ended
March 31, 2011
   
Three months
ended
June 30, 2011
   
Three months
ended
Sept 30, 2011
   
Three months
ended
Dec 31, 2011
   
Twelve months
ended
Dec 31, 2011
 
Gross sales
    $ 13       $ 43       $ 82       $ 410       $ 548  
Cash discounts
  -     1     -     1     2  
Contract discounts
      -         -         -         7         7  
Net Sales     $ 13       $ 42       $ 82       $ 402       $ 539  
Stock options assumptions
During 2012 and 2011, 1,235,000 stock options and 580,000 stock options, respectively, were granted under the 2005 Equity Incentive Plan. Assumptions for 2012 and 2011 are:
 
 
2012
 
2011
Expected volatility assumption was based upon a combination of historical stock price volatility measured on a weekly basis and is considered a reasonable indicator of expected volatility.
 
 
 
98%
 
 
117%
Risk-free interest rate assumption is based upon U.S. Treasury bond interest rates appropriate for the term of the our employee stock options.
 
 
 
0.45%
 
 
1.42%
Dividend yield assumption is based on our history and expectation of dividend payments.
 
 
 
None
 
 
None
Estimated expected term (average of number years) is based on the simplified method as prescribed by SAB 107/110 as we do not have sufficient information to calculate an expected term.
 
 
5.5 years
 
 
5.6 years
Stock-based compensation allocation
The following table summarizes stock-based compensation for the years ended December 31, 2012 and 2011 which was allocated as follows (in thousands):
 
 
Year ended
December 31, 2012
   
Year ended
December 31, 2011
 
Research and development
  $ 93     $ 377  
General and administrative
    297       689  
Stock-based compensation expense included in
    390       1,066  
operating expense                
                 
Total stock-based compensation expense
    390       1,066  
Tax benefit
    -       -  
Stock-based compensation expense, net of tax
  $ 390     $ 1,066