On September 13, 2012, the United States District Court for Colorado dismissed and entered judgment without prejudice in the class action lawsuit (Case No. 11-cv-00165-REB-KMT) originally filed in October 2010 against AspenBio Pharma, Inc. (the "Company"), and certain officers and directors of the Company during the purported class period. The lawsuit was captioned John Wolfe, individually and on behalf of all others similarly situated v. AspenBio Pharma, Inc. et al.. This federal securities class action was originally filed on behalf of all persons, other than the defendants, who purchased common stock of the Company during the period between February 22, 2007 and July 19, 2010, inclusive. The complaint included allegations of violations of Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), against all defendants, and of Section 20(a) of the Exchange Act against the individual defendants related to the Company's blood-based appendicitis rule-out test in development known as AppyScore™. The Order to dismiss the action found in favor of the company and all of the individual defendants.

On September 17, 2012, the United States District Court for Colorado dismissed and entered judgment without prejudice the lawsuit (Case No.
11-cv-00163-REB-KMT) originally filed in September 2010 against the Company, by an individual investor. The lawsuit was captioned Mark Chipman v. AspenBio Pharma, Inc. This federal securities action included allegations of violations of Section 10(b) and Rule 10b-5 of the Exchange Act and violations of Sections 25400 and 25500 of the California Corporations Code, related to the Company's development of AppyScore. The Order to dismiss the action found in favor of the Company.

On September 18, 2012, the Company issued a press release titled - " AspenBio Announces Dismissal of Class Action and Chipman Lawsuits by U. S. District Court." The press release is filed as Exhibit 99.1 to this Form 8-K.

(d) Exhibits

Exhibits

99.1      Press release dated September 18, 2012, issued by AspenBio Pharma,
          Inc. Titled "AspenBio Announces Dismissal of Class Action and Chipman
          Lawsuits by U. S. District Court."