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Summary of Significant Accounting Policies
12 Months Ended
Dec. 31, 2011
Summary of Significant Accounting Policies  
Summary of Significant Accounting Policies

(2)   Summary of Significant Accounting Policies

 

(a)   Cash and Cash Equivalents

 

Cash and Cash Equivalents consist of cash and money market accounts and total $3,103,000 and $2,920,000 at December 31, 2011 and 2010, respectively.

 

(b)   Marketable Securities

 

The Company's securities are classified as available for sale and are stated at fair value. Unrealized gains and losses on securities available for sale are excluded from results of operations and are reported as other comprehensive income (loss), a separate component of shareholders' equity, net of taxes. Securities classified as available for sale include securities that may be sold in response to changes in interest rates, changes in prepayment risks or for portfolio management purposes. The cost of securities sold is determined on a specific identification basis. Gains and losses on sales of securities are recognized in the statements of comprehensive loss on date of sale.

 

(c)   Property and Equipment

 

  (in thousands)  
    December 31,  
    2011     2010  
             
Land, buildings and improvements   $ 4,209     $ 4,193  
Furniture, fixtures, and equipment     4,002       3,154  
Leasehold improvements     85       85  
                 
Total property and equipment     8,296       7,432  
Less: accumulated depreciation and amortization     (3,020 )     (2,556 )
                 
Property and equipment, net   $ 5,276     $ 4,876  

 

 

Property and equipment are recorded at cost. Depreciation and amortization are computed using the straight-line method over the estimated useful lives of the respective assets, ranging from five to thirty-nine years.

 

Construction in progress consists of funds used for the construction and installation of property and equipment within the Company's New Brunswick, NJ facility. As of December 31, 2011, construction in progress was $1,484,000 as compared to $485,000 at December 31, 2010.

 

(d)   Patent and Trademark Rights

 

Patents and trademarks are stated at cost (primarily legal fees) and are amortized using the straight line method over the established useful life of 17 years. The Company reviews its patents and trademark rights periodically to determine whether they have continuing value or their value has become impaired. Such review includes an analysis of the patent and trademark's ultimate revenue and profitability potential. Management's review addresses whether each patent continues to fit into the Company's strategic business plans.

 

(e)   Revenue

 

Revenue from the sale of Ampligen® under a cost recovery, open-label treatment protocols approved by the FDA is recognized when the treatment is provided to the patient.

 

Revenues from the sale of Alferon N Injection® are recognized when the product is shipped, as title is transferred to the customer. The Company has no other obligation associated with its products once shipment has occurred.

 

(f)   Accounting for Income taxes (FASB ASC 740 Income Taxes)

 

Deferred income tax assets and liabilities are determined based on differences between the financial statement reporting and tax bases of assets and liabilities and are measured using the enacted tax rates and laws in effect when the differences are expected to reverse. The measurement of deferred income tax assets is reduced, if necessary, by a valuation allowance for any tax benefits which are not expected to be realized. The effect on deferred income tax assets and liabilities of a change in tax rates is recognized in the period that such tax rate changes are enacted.

 

The Company applies the provisions of FASB ASC 740-10 Uncertainty in Income Taxes. There has been no material change to the Company's tax position as they have not paid any corporate income taxes due to operating losses. All tax benefits will likely not be recognized due to the substantial net operating loss carryforwards which will most likely not be realized prior to expiration. With no tax due for the foreseeable future, the Company has determined that a policy to determine the accounting for interest or penalties related to the payment of tax is not necessary at this time.

 

(g)   Comprehensive loss

 

Comprehensive loss consists of net loss and net unrealized gains (losses) on securities and is presented in the consolidated statements of comprehensive loss.

 

(h)   Use of Estimates

 

The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses for the reporting period. Actual results could differ from those estimates. Accounts requiring the use of significant estimates include valuation allowances for inventory, determination of other-than-temporary impairment on securities, valuation of deferred taxes, patent and trademark valuations, stock options calculations, building valuation, fair value of warrants and contingency accruals.

 

(i)   Recent Accounting Standards and Pronouncements

 

In 2011, the Financial Accounting Standards Board ("FASB") published FASB Accounting Standards Updates 2011-01 through 2011-12. With the exception of Update 2011-05, Management deemed them to have no material effect on the Company's financial statements for the twelve months ended December 31, 2011. FASB Accounting Standards Update 2011-05, "Comprehensive Income (Topic 220)", effective for fiscal years beginning after December 15, 2011, is related to the revision of the traditional "Consolidated Statements of Operation" to a "Consolidated Statement of Comprehensive Income". In transitioning to this new presentation prior to the mandatory conversion date of 2012, Management deemed that the only material change to be the reflection of our "unrealized gain or (loss) on investments" after our traditional Net Loss reporting. For the reporting period ended December 31, 2011, the new Consolidated Statement of Comprehensive Loss reporting approach has been utilized for our presentation of financial results for both current and prior periods.

 

FASB ASU 2011-12, "Comprehensive Income (Topic 220) Deferral of the Effective Date for Amendments to the Presentation of Reclassifications of Items Out of Accumulated Other Comprehensive Income in Accounting Standards Update No. 2011-05" was issued in December 2011. ASU 2011-12 amends ASU 2011-05 to reflect only those changes that relate to the presentation of reclassification adjustments. The amendments are being made to allow the FASB time to re-deliberate whether to present on the face of the financial statements the effects of reclassifications out of accumulated other comprehensive income on the components of net income and other comprehensive income for all periods presented. While the FASB is considering the operational concerns about the presentation requirements for reclassification adjustments and the needs of financial statement users for additional information about reclassification adjustments, entities should continue to report reclassifications out of accumulated other comprehensive income consistent with the presentation requirements in effect before Update 2011-05.

 

(j)   Stock-Based Compensation

 

The Company accounts for its stock-based compensation awards in accordance with FASB ASC Topic 718, "Compensation – Stock Compensation", which requires recognition of compensation expense related to stock-based compensation awards over the period during which an employee is required to provide service for the award. Compensation expense is equal to the fair value of the award, net of estimated forfeitures.

 

(k)   Accounts Receivable

 

Concentration of credit risk, with respect to accounts receivable, is limited due to the Company's credit evaluation process. The Company does not require collateral on its receivables. The Company did not have any receivables as of December 31, 2011 and 2010.

 

(l)   Common Stock Per Share Calculation

 

Basic and diluted net loss per share is computed using the weighted average number of shares of common stock outstanding during the period. Equivalent common shares, consisting of stock options and warrants amounted to 54,242,702 52,796,158 and 21,241,453 shares, are excluded from the calculation of diluted net loss per share for the years ended December 31, 2011, 2010 and 2009, respectively, since their effect is antidilutive.