Unassociated Document

 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 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): August 18, 2008

ZIOPHARM Oncology, Inc.
(Exact Name of Registrant as Specified in its Charter)

Delaware
0-32353
84-1475642
(State or Other Jurisdiction of Incorporation)
(Commission File Number)
(IRS Employer Identification No.)

1180 Avenue of the Americas, 19th Floor
New York, NY 10036
(Address of Principal Executive Offices) (Zip Code)

(646) 214-0700
(Registrant’s telephone number, including area code)


(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 obligation of the registrant under any of the following provisions:

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


 
Item 8.01. Other Events.

On August 18, 2008, ZIOPHARM Oncology, Inc. issued the press release attached hereto as Exhibit 99.1, which is incorporated herein by reference.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits.

99.1
Press Release dated August 18, 2008.
 
 
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.
     
 
ZIOPHARM Oncology, Inc.:
(Registrant)
 
 
 
 
 
 
Date: August 19, 2008    By:             /s/ Richard E. Bagley   
  Name: Richard E. Bagley
 
Title:   President and Chief Operating Officer
 
 
 

Exhibit 99.1


       
 
ZIOPHARM RECEIVES NOTICES OF ALLOWANCE FOR EUROPEAN AND U.S. PATENTS COVERING INDIBULIN
 
NEW YORK - August 18, 2008 - ZIOPHARM Oncology, Inc. (NASDAQ: ZIOP) announced today that it has received notice from the European Patent Office that it intends to grant a patent with claims covering certain pharmaceutical formulations of indibulin (ZIO-301) for oral administration and processes for manufacturing such formulations. The Company also announced that it has received a notice from the United States Patent and Trademark Office that it intends to grant a patent with claims covering certain methods for treating multidrug-resistant tumors or inhibiting metastasis with various pharmaceutical compounds, including indibulin.
 
Indibulin is an oral novel tubulin targeted agent. The drug is currently being evaluated in several Phase I and Phase I/II studies, both as a single agent and in combination with Tarceva® and Xeloda®, for the treatment of a variety of solid tumors.
 
"Indibulin is a promising molecule that in early clinical study has demonstrated the activity without the common and serious side effects, associated with this class of therapy," said Jonathan Lewis, MD, PhD, Chief Executive Officer and Chief Medical Officer of ZIOPHARM. "These patent notices of allowance extend our already substantial intellectual property portfolio for indibulin."
 
About Indibulin
 
Indibulin is a novel synthetic anti-mitotic agent that binds to tubulin, destabilizes microtubule polymerization, arrests tumor cell growth at the G2/M phase and inhibits cell mobility and metastasis. Microtubules are well-established targets for anti-cancer drug development and tubulin-binding drugs such as taxanes and vinca alkaloids are currently widely used to treat cancer. Indibulin is orally available, lacks neurotoxicity and has efficacy in taxane refractory preclinical models.
 
About ZIOPHARM Oncology, Inc.
 
ZIOPHARM Oncology, Inc. is a biopharmaceutical company engaged in the development and commercialization of a diverse, risk-sensitive portfolio of in-licensed cancer drugs to address unmet medical needs. The Company applies new insights from molecular and cancer biology to understand the efficacy and safety limitations of approved and developmental cancer therapies and identifies proprietary and related molecules for better patient treatment. For more information, visit www.ziopharm.com.
 
 
 

 
 
Forward-Looking Safe Harbor Statement:
 
This press release contains forward-looking statements for ZIOPHARM Oncology, Inc. that involve risks and uncertainties that could cause the Company's actual results to differ materially from the anticipated results and expectations expressed in these forward-looking statements. These statements are based on current expectations, forecasts and assumptions that are subject to risks and uncertainties, which could cause actual outcomes and results to differ materially from these statements. Among other things, there can be no assurance that any of the Company's development efforts relating to its product candidates will be successful, or such product candidates will be successfully commercialized. Other risks that affect forward-looking information contained in this press release include the possibility of being unable to obtain regulatory approval of the Company's product candidates, the risk that the results of clinical trials may not support the Company's claims, and risks related to the Company's ability to protect its intellectual property and its reliance on third parties to develop its product candidates. The Company assumes no obligation to update these forward-looking statements, except as required by law.
 
 
 
ZIOP-G

 
 
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Contacts:

Suzanne McKenna
ZIOPHARM Oncology, Inc.
(646) 214-0703
smckenna@ziopharm.com