21 unchanged sentences
If we fail to obtain additional financing, we will be unable to continue or complete our product development or product commercialization and you will likely lose your entire investment;
−Removed: We are highly dependent on the success of Iomab-B and the SIERRA trial and we may not be able to complete the necessary clinical development or our development efforts may not result in the data necessary to receive regulatory approval;
+Added: We are highly dependent on the regulatory and commercial success of
Our business could be adversely affected by the effects of health epidemics, including the global COVID-19 pandemic;
6 unchanged sentences
If these third parties do not successfully carry out their contractual duties or meet expected deadlines or comply with regulatory requirements, we may not be able to obtain regulatory approval for or commercialize our product candidates;
−Removed: We currently depend on a single third-party manufacturer to produce our pre-clinical and clinical trial drug supplies.
−Removed: Any disruption in the operations of our current third-party manufacturer, or other third-party manufacturers we may engage in the future, could adversely affect our business and results of operations;
+Added: We currently depend on single third-party manufacturers to produce our pre-clinical and clinical trial drug supplies.
+Added: Any disruption in the operations of our current third-party manufacturers, or other third-party manufacturers we may engage in the future, could adversely affect our business and results of operations;
Our product candidates may cause undesirable side effects or have other properties that could halt their clinical development, prevent their regulatory approval, limit their commercial potential, or result in significant negative consequences;
16 unchanged sentences
since our inception and anticipate that we will continue to incur net losses in the future.
−Removed: We are not profitable and
−Removed: have incurred losses in each period since our inception.
−Removed: As of March 31, 2023 and December 31, 2022, we had an accumulated deficit of
+Added: We are not profitable and have
+Added: incurred losses in each period since our inception.
+Added: As of June 30, 2023 and December 31, 2022, we had an accumulated deficit of $315.0
million and $288.8 million, respectively.
−Removed: We reported a net loss of $11.0 million and $5.1 million for the three months ended March
+Added: We reported a net loss of $26.2 million and $12.9 million for the six months ended June 30,
2023 and 2022, respectively.
48 unchanged sentences
and even if we can raise additional funding, we may be required to do so on unfavorable terms.
−Removed: We have limited access to
−Removed: the capital markets to raise funds.
−Removed: The capital markets have been unpredictable in the recent past for radioisotope and other oncology
−Removed: companies and unprofitable companies such as ours.
−Removed: In addition, it is generally difficult for development-stage companies to raise capital
−Removed: under current market conditions.
−Removed: The amount of capital that a company such as ours is able to raise often depends on variables that are
−Removed: beyond our control.
+Added: We have limited access to the
+Added: capital markets to raise funds.
+Added: The capital markets have been unpredictable in the recent past for radioisotope and other oncology companies
+Added: and unprofitable companies such as ours.
+Added: In addition, it is generally difficult for development-stage companies to raise capital under
+Added: current market conditions.
+Added: The amount of capital that a company such as ours is able to raise often depends on variables that are beyond
As a result, we may not be able to secure financing on terms attractive to us, or at all.
−Removed: If we are able to consummate
−Removed: a financing arrangement, the amount raised may not be sufficient to meet our future needs.
+Added: If we are able to consummate a
+Added: financing arrangement, the amount raised may not be sufficient to meet our future needs.
If adequate funds are not available on acceptable
1 unchanged sentence
will be materially adversely affected.
−Removed: We are highly dependent on the success of
−Removed: Iomab-B and the SIERRA trial and we may not be able to complete the necessary clinical development or our development efforts may not
−Removed: result in the data necessary to receive regulatory approval.
−Removed: We have completed patient
−Removed: enrollment in the pivotal Phase 3 SIERRA trial (Study of Iomab-B in Elderly Relapsed or Refractory AML), a 153-patient multi-center randomized
−Removed: trial that will compare outcomes of patients who receive Iomab-B and a BMT to those patients receiving physician’s choice of salvage
−Removed: chemotherapy, defined as conventional care, as no standard of care exists for this patient population.
−Removed: We have announced that Iomab-B
−Removed: met the primary endpoint of dCR in the SIERRA trial with statistical significance (p<0.0001).
−Removed: The SIERRA trial may be unsuccessful
−Removed: and fail to demonstrate a safety and efficacy profile that is necessary to receive favorable regulatory approval.
−Removed: Even if Iomab-B receives
−Removed: favorable regulatory approval, we may not be successful in securing adequate reimbursement or establishing successful commercial operations.
+Added: We are highly dependent on the regulatory
+Added: and commercial success of Iomab-B
+Added: We have completed patient enrollment in the pivotal Phase 3 SIERRA
+Added: trial (Study of Iomab-B in Elderly Relapsed or Refractory AML), a 153-patient multi-center randomized trial that compared outcomes of
+Added: patients who receive Iomab-B and a BMT to those of patients receiving physician’s choice of salvage chemotherapy, defined as conventional
+Added: care, as no standard of care exists for this patient population.
+Added: We have announced that Iomab-B met the primary endpoint of dCR in the
+Added: SIERRA trial with statistical significance (p<0.0001) and we intend to submit a BLA with the FDA by the end of 2023.
+Added: Even if Iomab-B
+Added: receives favorable regulatory approval, we may not be successful in securing adequate reimbursement or establishing successful commercial
Any or all of these factors could have a material adverse impact on our business and ability to continue operations.
1 unchanged sentence
and commercial supply capabilities.
−Removed: We do not currently have,
−Removed: nor have we ever had, commercial sales and marketing capabilities.
−Removed: If any of our product candidates become approved, we would have to
−Removed: build and establish these capabilities in order to commercialize our approved product candidates.
−Removed: The process of establishing commercial
−Removed: capabilities will be expensive and time consuming.
−Removed: Even if we are successful in building sales and marketing capabilities, we may not
−Removed: be successful in commercializing any of our product candidates.
−Removed: Any delays in commercialization or failure to successfully commercialize
−Removed: any product candidate may have material adverse impacts on our business and ability to continue operations.
+Added: We do not currently have, nor
+Added: have we ever had, commercial sales and marketing capabilities.
+Added: If any of our product candidates become approved, we would have to build
+Added: and establish these capabilities in order to commercialize our approved product candidates.
+Added: The process of establishing commercial capabilities
+Added: will be expensive and time consuming.
+Added: Even if we are successful in building sales and marketing capabilities, we may not be successful
+Added: in commercializing any of our product candidates.
+Added: Any delays in commercialization or failure to successfully commercialize any product
+Added: candidate may have material adverse impacts on our business and ability to continue operations.
Our business could be adversely affected
10 unchanged sentences
it is difficult to predict the impact of a future pandemic on our business.
−Removed: Many countries around the
−Removed: world imposed quarantines and restrictions on travel and mass gatherings in response to the COVID-19 pandemic and could reinstitute such
−Removed: policies in response to future infectious disease outbreaks.
−Removed: In such a scenario, our ability to continue to operate our business may also
−Removed: Such events may result in a period of business, supply and drug product manufacturing disruption, and in reduced operations,
−Removed: any of which could materially affect our business, financial condition and results of operations.
−Removed: In response to COVID-19, we implemented
−Removed: hybrid working for our office-based staff, while our research staff has been actively working in our laboratory throughout the pandemic
−Removed: and thus far have not experienced a significant disruption or delay in our operations as it relates to the clinical development, preclinical
−Removed: development of manufacturing of our drug candidates.
−Removed: Although we are adhering to health and safety protocols, an outbreak of infectious
−Removed: disease at our facilities could nonetheless cause shutdowns of facilities and a reduction in our workforce, which could cause a disruption
−Removed: or delay in such operations.
+Added: Many countries around the world
+Added: imposed quarantines and restrictions on travel and mass gatherings in response to the COVID-19 pandemic and could reinstitute such policies
+Added: in response to future infectious disease outbreaks.
+Added: In such a scenario, our ability to continue to operate our business may also be limited.
+Added: Such events may result in a period of business, supply and drug product manufacturing disruption, and in reduced operations, any of which
+Added: could materially affect our business, financial condition and results of operations.
+Added: In response to COVID-19, we implemented hybrid working
+Added: for our office-based staff, while our research staff has been actively working in our laboratory throughout the pandemic and thus far
+Added: have not experienced a significant disruption or delay in our operations as it relates to the clinical development, preclinical development
+Added: of manufacturing of our drug candidates.
+Added: Although we are adhering to health and safety protocols, an outbreak of infectious disease at
+Added: our facilities could nonetheless cause shutdowns of facilities and a reduction in our workforce, which could cause a disruption or delay
+Added: in such operations.
New outbreaks may further divert the attention and efforts of the medical community to coping with such outbreaks
78 unchanged sentences
Any of the foregoing scenarios could materially harm the commercial prospects for our product candidates.
−Removed: In June 2012, we acquired
−Removed: rights to apamistamab, a clinical stage anti-CD45 monoclonal antibody with safety and efficacy data in more than 300 patients in need
+Added: In June 2012, we acquired rights
+Added: to apamistamab, a clinical stage anti-CD45 monoclonal antibody with safety and efficacy data in more than 300 patients in need of a BMT.
Iomab-B is our product candidate that links I-131 to apamistamab that is being studied in the pivotal Phase 3 SIERRA trial.
−Removed: Product candidates utilizing apamistamab would require BLA approval before they can be marketed in the United States.
−Removed: We are also evaluating
−Removed: Iomab-ACT, which uses a lower dose I-131 for lymphodepletion prior to CAR-T or adoptive cell therapy.
−Removed: We are currently evaluating clinical
−Removed: trials that would use our construct for lymphodepletion.
−Removed: Our CD33 Alpha program studying Actimab-A (lintuzumab-Ac-225) product candidate
−Removed: is also being studied in several Phase 1 trials under our sponsorship and investigator-initiated trials in patients with r/r AML.
−Removed: candidates utilizing the lintuzumab antibody would require BLA approval before they can be marketed in the United States.
−Removed: We are in the
−Removed: early stages of evaluating other product candidates consisting of conjugates of Ac-225 with human or humanized antibodies for pre-clinical
−Removed: and clinical development in other types of cancer.
−Removed: The FDA may not approve these products for the indications that are necessary or desirable
−Removed: for successful commercialization.
−Removed: The FDA may fail to approve any BLA we submit for new product candidates or for new intended uses or
−Removed: indications for approved products or future product candidates.
−Removed: Failure to obtain FDA approval for our products in the proposed indications
−Removed: would have a material adverse effect on our business prospects, financial condition and results of operations.
+Added: Product candidates
+Added: utilizing apamistamab would require BLA approval before they can be marketed in the United States.
+Added: We are also evaluating Iomab-ACT, which
+Added: uses a lower dose I-131 for lymphodepletion prior to CAR-T or adoptive cell therapy.
+Added: We are currently evaluating clinical trials that
+Added: would use our construct for lymphodepletion.
+Added: Our CD33 Alpha program studying Actimab-A (lintuzumab-Ac-225) product candidate is also being
+Added: studied in several Phase 1 trials under our sponsorship and investigator-initiated trials in patients with r/r AML.
+Added: Product candidates
+Added: utilizing the lintuzumab antibody would require BLA approval before they can be marketed in the United States.
+Added: We are in the early stages
+Added: of evaluating other product candidates consisting of conjugates of Ac-225 with human or humanized antibodies for pre-clinical and clinical
+Added: development in other types of cancer.
+Added: The FDA may not approve these products for the indications that are necessary or desirable for successful
+Added: commercialization.
+Added: The FDA may fail to approve any BLA we submit for new product candidates or for new intended uses or indications for
+Added: approved products or future product candidates.
+Added: Failure to obtain FDA approval for our products in the proposed indications would have
+Added: a material adverse effect on our business prospects, financial condition and results of operations.
The approval process in the
29 unchanged sentences
developmental steps that must be completed before we can prepare and submit a BLA.
−Removed: In the United States, the
−Removed: FDA regulates pharmaceutical and biological product candidates under the FDCA and the Public Health Service Act (“PHSA”),
−Removed: as well as their respective implementing regulations.
−Removed: Such products and product candidates are also subject to other federal, state, and
−Removed: local statutes and regulations.
−Removed: The process of obtaining regulatory approvals and the subsequent compliance with appropriate federal,
−Removed: state, local, and foreign statutes and regulations requires the expenditure of substantial time and financial resources.
+Added: In the United States, the FDA
+Added: regulates pharmaceutical and biological product candidates under the FDCA and the Public Health Service Act (“PHSA”), as well
+Added: as their respective implementing regulations.
+Added: Such products and product candidates are also subject to other federal, state, and local
+Added: statutes and regulations.
+Added: The process of obtaining regulatory approvals and the subsequent compliance with appropriate federal, state,
+Added: local, and foreign statutes and regulations requires the expenditure of substantial time and financial resources.
The process required
85 unchanged sentences
requires substantial time and effort.
−Removed: In December 2015, the FDA
−Removed: cleared our IND filing for Iomab-B and we have completed patient enrollment of a randomized, controlled, pivotal Phase 3 clinical trial
−Removed: under such IND to study Iomab-B in patients 55 years of age or older with relapsed or refractory AML.
−Removed: The Phase 3 SIERRA trial met its
−Removed: primary endpoint with high statistical significance with positive results for secondary endpoints and exploratory endpoints and it is
−Removed: expected to form the basis for a BLA for Iomab-B for use in preparing and conditioning AML patients for a BMT.
−Removed: Additionally, there are
−Removed: physician IND trials at the FHCRC that have been conducted or are currently ongoing at FHCRC with Iomab-B (for other target indications)
−Removed: and the apamistamab antibody (formerly known as BC8) we licensed.
−Removed: We have other clinical trials ongoing and others that we have planned
−Removed: but not-yet commenced, for our other drug candidate Actimab-A under our own sponsorship and investigator-initiated trials ongoing.
−Removed: for Iomab-B (for patients with AML), we expect that the clinical trials we need to conduct to be in a position to submit BLAs for our
−Removed: product candidates currently in-development will take, at least, several years to complete.
−Removed: Moreover, failure can occur at any stage of
−Removed: the trials, and we could encounter problems that cause us to abandon or repeat clinical trials.
−Removed: Also, the results of early preclinical
−Removed: and clinical testing may not be predictive of the results of subsequent clinical trials.
−Removed: A number of companies in the biopharmaceutical
−Removed: industry have suffered significant setbacks in advanced clinical trials due to lack of efficacy or adverse safety profiles, notwithstanding
−Removed: promising results in earlier studies.
+Added: In December 2015, the FDA cleared
+Added: our IND filing for Iomab-B and we have completed patient enrollment of a randomized, controlled, pivotal Phase 3 clinical trial under
+Added: such IND to study Iomab-B in patients 55 years of age or older with relapsed or refractory AML.
+Added: The Phase 3 SIERRA trial met its primary
+Added: endpoint with high statistical significance with positive results for secondary endpoints and exploratory endpoints and it is expected
+Added: to form the basis for a BLA for Iomab-B for use in preparing and conditioning AML patients for a BMT.
+Added: Additionally, there are physician
+Added: IND trials at the FHCRC that have been conducted or are currently ongoing at FHCRC with Iomab-B (for other target indications) and the
+Added: apamistamab antibody (formerly known as BC8) we licensed.
+Added: We have other clinical trials ongoing and others that we have planned but not-yet
+Added: commenced, for our other drug candidate Actimab-A under our own sponsorship and investigator-initiated trials ongoing.
+Added: Except for Iomab-B
+Added: (for patients with AML), we expect that the clinical trials we need to conduct to be in a position to submit BLAs for our product candidates
+Added: currently in-development will take, at least, several years to complete.
+Added: Moreover, failure can occur at any stage of the trials, and we
+Added: could encounter problems that cause us to abandon or repeat clinical trials.
+Added: Also, the results of early preclinical and clinical testing
+Added: may not be predictive of the results of subsequent clinical trials.
+Added: A number of companies in the biopharmaceutical industry have suffered
+Added: significant setbacks in advanced clinical trials due to lack of efficacy or adverse safety profiles, notwithstanding promising results
+Added: in earlier studies.
And, preclinical and clinical data are often susceptible to multiple interpretations and analyses.
−Removed: Many companies that have believed their product candidates performed satisfactorily in preclinical studies and clinical trials have, nonetheless,
−Removed: failed to obtain marketing approval of their products.
−Removed: Success in preclinical testing and early clinical trials does not ensure that later
−Removed: clinical trials, which involve many more subjects, and the results of later clinical trials may not replicate the results of prior clinical
−Removed: trials and preclinical testing.
−Removed: Any failure or substantial delay in our product development plans may have a material adverse effect on
−Removed: our business.
+Added: Many companies
+Added: that have believed their product candidates performed satisfactorily in preclinical studies and clinical trials have, nonetheless, failed
+Added: to obtain marketing approval of their products.
+Added: Success in preclinical testing and early clinical trials does not ensure that later clinical
+Added: trials, which involve many more subjects, and the results of later clinical trials may not replicate the results of prior clinical trials
+Added: and preclinical testing.
+Added: Any failure or substantial delay in our product development plans may have a material adverse effect on our business.
We may encounter substantial delays in our
clinical trials or may not be able to conduct our trials on the timelines we expect.
−Removed: We cannot predict whether
−Removed: we will encounter problems with any of our ongoing or planned clinical trials that will cause us or regulatory authorities to delay, suspend,
+Added: We cannot predict whether we
+Added: will encounter problems with any of our ongoing or planned clinical trials that will cause us or regulatory authorities to delay, suspend,
or discontinue clinical trials or to delay the analysis of data from ongoing clinical trials.
33 unchanged sentences
failure to conduct the clinical trial in accordance with regulatory requirements or our clinical protocols;
−Removed: of the clinical trial operations or trial sites by the FDA or other regulatory authorities resulting in the imposition of a clinical
−Removed: interpretation of data by the FDA or similar foreign regulatory authorities;
−Removed: to achieve primary or secondary endpoints or other failure to demonstrate efficacy;
−Removed: safety issues;
−Removed: of adequate funding to continue the clinical trial.
+Added: inspection of the clinical trial operations or trial sites by the FDA or other regulatory authorities resulting in the imposition of a clinical hold;
+Added: varying interpretation of data by the FDA or similar foreign regulatory authorities;
+Added: failure to achieve primary or secondary endpoints or other failure to demonstrate efficacy;
+Added: unforeseen safety issues;
+Added: lack of adequate funding to continue the clinical trial.
Modifications to our product candidates
14 unchanged sentences
of our product candidates are time-consuming and expensive.
−Removed: Initiating and completing
−Removed: clinical trials necessary to support FDA approval of a BLA for Iomab-B, Actimab-A, and other product candidates, is a time-consuming and
−Removed: expensive process, and the outcome is inherently uncertain.
−Removed: Moreover, the results of early clinical trials are not necessarily predictive
−Removed: of future results, and any product candidate we advance into clinical trials may not have favorable results in later clinical trials.
−Removed: We worked with the FDA to develop the SIERRA clinical trial to test the safety and efficacy of Iomab-B in patients with relapsed or refractory
−Removed: AML who are age 55 and above prior to a BMT.
+Added: Initiating and completing clinical
+Added: trials necessary to support FDA approval of a BLA for Iomab-B, Actimab-A, and other product candidates, is a time-consuming and expensive
+Added: process, and the outcome is inherently uncertain.
+Added: Moreover, the results of early clinical trials are not necessarily predictive of future
+Added: results, and any product candidate we advance into clinical trials may not have favorable results in later clinical trials.
+Added: with the FDA to develop the SIERRA clinical trial to test the safety and efficacy of Iomab-B in patients with relapsed or refractory AML
+Added: who are age 55 and above prior to a BMT.
This trial is designed to support a BLA filing for marketing approval by the FDA.
14 unchanged sentences
to audit and verification procedures that could result in material changes in the final data.
−Removed: From time to time,
−Removed: we may publicly disclose preliminary, interim, and top-line data from our clinical trials, which is based on a preliminary analysis
−Removed: of then-available data, and the results and related findings and conclusions are subject to change as more patient data become
−Removed: available or following a more comprehensive review of the data related to the particular study or trial.
−Removed: For example, in February
−Removed: 2023 we announced that Iomab-B met the primary endpoint of dCR in the SIERRA trial with statistical significance (p<0.0001).
−Removed: also make assumptions, estimations, calculations and conclusions as part of our analyses of data, and we may not have received or
−Removed: had the opportunity to fully and carefully evaluate all data.
−Removed: Our clinical trials may be open label studies and certain of our
−Removed: clinical development and or operations staff may review interim or preliminary safety or efficacy data during routine data
−Removed: collection, cleaning and analysis from time to time.
−Removed: Interim or preliminary results that we report may differ from future results of
−Removed: the same studies, or different conclusions or considerations may qualify such results once additional data have been received and
−Removed: fully evaluated.
−Removed: Preliminary, interim or top-line data also remain subject to audit and verification procedures that may result in
−Removed: the final data being materially different from the top-line, interim or preliminary data we previously published.
−Removed: top-line, interim and preliminary data should be viewed with caution until the final data are available.
−Removed: From time to time, we may
−Removed: also disclose interim data from our preclinical studies and clinical trials.
−Removed: Interim data from clinical trials that we may complete are
−Removed: subject to the risk that one or more of the clinical outcomes may materially change as patient enrollment continues and more patient data
−Removed: become available.
+Added: From time to time, we
+Added: may publicly disclose preliminary, interim, and top-line data from our clinical trials, which is based on a preliminary analysis of then-available
+Added: data, and the results and related findings and conclusions are subject to change as more patient data become available or following a
+Added: more comprehensive review of the data related to the particular study or trial.
+Added: For example, in February 2023 we announced that Iomab-B
+Added: met the primary endpoint of dCR in the SIERRA trial with statistical significance (p<0.0001) producing a durable Complete Response
+Added: rate of 22% compared to a 0% durable Complete Response rate in the control arm.
+Added: We may also make assumptions, estimations, calculations
+Added: and conclusions as part of our analyses of data, and we may not have received or had the opportunity to fully and carefully evaluate all
+Added: Our clinical trials may be open label studies and certain of our clinical development and or operations staff may review interim
+Added: or preliminary safety or efficacy data during routine data collection, cleaning and analysis from time to time.
+Added: Interim or preliminary
+Added: results that we report may differ from future results of the same studies, or different conclusions or considerations may qualify such
+Added: results once additional data have been received and fully evaluated.
+Added: Preliminary, interim or top-line data also remain subject to audit
+Added: and verification procedures that may result in the final data being materially different from the top-line, interim or preliminary data
+Added: we previously published.
+Added: As a result, top-line, interim and preliminary data should be viewed with caution until the final data are available.
+Added: From time to time, we may also
+Added: disclose interim data from our preclinical studies and clinical trials.
+Added: Interim data from clinical trials that we may complete are subject
+Added: to the risk that one or more of the clinical outcomes may materially change as patient enrollment continues and more patient data become
Adverse differences between interim data and final data could significantly harm our business prospects.
65 unchanged sentences
Our CD33 program is comprised
−Removed: of several clinical trials including investigator-initiated trials in AML that are studying the same drug construct consisting of lintuzumab-Ac-225.
−Removed: Negative results from any of these trials could negatively impact our ability to enroll or complete our other trials studying lintzumab-Ac-225.
−Removed: Additionally, negative outcomes including safety concerns, may result in the FDA discontinuing other trials utilizing lintuzumab-Ac-225.
+Added: of several ongoing and planned clinical trials including investigator-initiated trials in AML studying the same drug construct consisting
+Added: of lintuzumab-Ac-225.
+Added: Negative results from any of these trials could negatively impact our ability to enroll or complete our other trials
+Added: studying lintzumab-Ac-225 including future studies conducted under our CRADA with the NCI.
+Added: Additionally, negative outcomes including safety
+Added: concerns, may result in the FDA discontinuing other trials utilizing lintuzumab-Ac-225.
We may be unable to obtain a sufficient
66 unchanged sentences
We may experience difficulties in patient enrollment in our clinical trials for a variety of reasons, including:
−Removed: size and nature of the patient population;
−Removed: patient eligibility criteria defined in the protocol;
−Removed: size of the study population required for analysis of the trial’s primary endpoints;
−Removed: proximity of patients to trial sites;
−Removed: design of the trial;
−Removed: ability to recruit clinical trial investigators with the appropriate competencies and expertise;
−Removed: clinical trials for similar or alternate therapeutic treatments;
−Removed: ● clinician’s
−Removed: and patients’ perceptions as to the potential advantages and side effects of the product candidate being studied in relation to
−Removed: other available therapies;
−Removed: ability to obtain and maintain patient consents;
−Removed: risk that patients enrolled in clinical trials will not complete a clinical trial.
+Added: the size and nature of the patient population;
+Added: the patient eligibility criteria defined in the protocol;
+Added: the size of the study population required for analysis of the trial’s primary endpoints;
+Added: the proximity of patients to trial sites;
+Added: the design of the trial;
+Added: our ability to recruit clinical trial investigators with the appropriate competencies and expertise;
+Added: competing clinical trials for similar or alternate therapeutic treatments;
+Added: clinician’s and patients’ perceptions as to the potential advantages and side effects of the product candidate being studied in relation to other available therapies;
+Added: our ability to obtain and maintain patient consents;
+Added: the risk that patients enrolled in clinical trials will not complete a clinical trial.
In addition, refractory patients,
8 unchanged sentences
candidates on a timely basis.
−Removed: There can be no assurance
−Removed: that the data generated in our clinical trials will be acceptable to FDA or that if future modifications during the trial are necessary,
−Removed: that any such modifications will be acceptable to FDA.
−Removed: Certain modifications to a clinical trial protocol made during the course of the
−Removed: clinical trial have to be submitted to the FDA.
+Added: There can be no assurance that
+Added: the data generated in our clinical trials will be acceptable to FDA or that if future modifications during the trial are necessary, that
+Added: any such modifications will be acceptable to FDA.
+Added: Certain modifications to a clinical trial protocol made during the course of the clinical
+Added: trial have to be submitted to the FDA.
This could result in the delay or halt of a clinical trial while the modification is evaluated.
73 unchanged sentences
in, among other things:
−Removed: ● restrictions
−Removed: on the marketing or manufacturing of our product candidates, withdrawal of the product from the market, or voluntary or mandatory product
−Removed: warning letters or holds on clinical trials;
−Removed: by the FDA to approve pending applications or supplements to approved applications filed by us or suspension or revocation of license
−Removed: seizure or detention, or refusal to permit the import or export of our product candidates;
−Removed: ● injunctions
−Removed: or the imposition of civil or criminal penalties.
−Removed: The FDA’s and other
−Removed: regulatory authorities’ policies may change, and additional government regulations may be enacted that could prevent, limit or delay
−Removed: regulatory approval of our product candidates.
−Removed: We cannot predict the likelihood, nature or extent of government regulation that may arise
−Removed: from future legislation or administrative action, either in the United States or abroad.
−Removed: If we are slow or unable to adapt to changes
−Removed: in existing requirements or the adoption of new requirements or policies, or if we are not able to maintain regulatory compliance, we
−Removed: may lose any marketing approval that we may have obtained, and we may not achieve or sustain profitability.
+Added: restrictions on the marketing or manufacturing of our product candidates, withdrawal of the product from the market, or voluntary or mandatory product recalls;
+Added: fines, warning letters or holds on clinical trials;
+Added: refusal by the FDA to approve pending applications or supplements to approved applications filed by us or suspension or revocation of license approvals;
+Added: product seizure or detention, or refusal to permit the import or export of our product candidates;
+Added: injunctions or the imposition of civil or criminal penalties.
+Added: The FDA’s and other regulatory
+Added: authorities’ policies may change, and additional government regulations may be enacted that could prevent, limit or delay regulatory
+Added: approval of our product candidates.
+Added: We cannot predict the likelihood, nature or extent of government regulation that may arise from future
+Added: legislation or administrative action, either in the United States or abroad.
+Added: If we are slow or unable to adapt to changes in existing
+Added: requirements or the adoption of new requirements or policies, or if we are not able to maintain regulatory compliance, we may lose any
+Added: marketing approval that we may have obtained, and we may not achieve or sustain profitability.
Coverage and reimbursement may be limited
or unavailable in certain market segments for our product candidates which could limit our sales of our product candidates, if approved.
−Removed: The commercial success of
−Removed: our product candidates in both domestic and international markets will be substantially dependent on whether third-party coverage and
−Removed: reimbursement is available for patients that use our products.
−Removed: However, the availability of insurance coverage and reimbursement for newly
−Removed: approved cancer therapies is uncertain, and therefore, third-party coverage may be particularly difficult to obtain even if our products
−Removed: are approved by the FDA as safe and efficacious.
−Removed: Patients using existing approved therapies are generally reimbursed all or part of the
−Removed: product cost by Medicare or other third-party payors.
−Removed: Medicare, Medicaid, health maintenance organizations and other third-party payors
−Removed: are increasingly attempting to contain healthcare costs by limiting both coverage and the level of reimbursement of new drugs, and, as
−Removed: a result, they may not cover or provide adequate payment for these products.
−Removed: Submission of applications for reimbursement approval generally
−Removed: does not occur prior to the filing of a BLA for that product and may not be granted until many months after BLA approval.
−Removed: obtain coverage and reimbursement for these products, we or our commercialization partners may have to agree to a net sales price lower
−Removed: than the net sales price we might charge in other sales channels.
−Removed: The continuing efforts of government and third-party payors to contain
−Removed: or reduce the costs of healthcare may limit our revenue.
−Removed: Initial dependence on the commercial success of our products may make our revenues
−Removed: particularly susceptible to any cost containment or reduction efforts.
+Added: The commercial success of our
+Added: product candidates in both domestic and international markets will be substantially dependent on whether third-party coverage and reimbursement
+Added: is available for patients that use our products.
+Added: However, the availability of insurance coverage and reimbursement for newly approved
+Added: cancer therapies is uncertain, and therefore, third-party coverage may be particularly difficult to obtain even if our products are approved
+Added: by the FDA as safe and efficacious.
+Added: Patients using existing approved therapies are generally reimbursed all or part of the product cost
+Added: by Medicare or other third-party payors.
+Added: Medicare, Medicaid, health maintenance organizations and other third-party payors are increasingly
+Added: attempting to contain healthcare costs by limiting both coverage and the level of reimbursement of new drugs, and, as a result, they may
+Added: not cover or provide adequate payment for these products.
+Added: Submission of applications for reimbursement approval generally does not occur
+Added: prior to the filing of a BLA for that product and may not be granted until many months after BLA approval.
+Added: In order to obtain coverage
+Added: and reimbursement for these products, we or our commercialization partners may have to agree to a net sales price lower than the net sales
+Added: price we might charge in other sales channels.
+Added: The continuing efforts of government and third-party payors to contain or reduce the costs
+Added: of healthcare may limit our revenue.
+Added: Initial dependence on the commercial success of our products may make our revenues particularly susceptible
+Added: to any cost containment or reduction efforts.
Healthcare legislative reform measures intended
88 unchanged sentences
healthcare laws and regulations that may affect our operations, directly or indirectly, include the following, among others:
−Removed: federal Anti-Kickback Statute, which prohibits persons and entities from, among other things, knowingly and willfully soliciting, offering,
−Removed: receiving or providing remuneration, directly or indirectly, in cash or in kind, to induce or reward either the referral of an individual
−Removed: for, or the purchase, lease, order or recommendation of, any good, facility, item or service, for which payment may be made under federal
−Removed: and state healthcare programs such as Medicare and Medicaid;
−Removed: federal false claims laws, including civil whistleblower or qui tam actions under the federal False Claims Act, which impose criminal
−Removed: and civil penalties against individuals or entities for, among other things, knowingly presenting, or causing to be presented, to the
−Removed: federal government, claims for payment that are false or fraudulent or making a false statement to avoid, decrease or conceal an obligation
−Removed: to pay money to the federal government;
−Removed: federal Health Insurance Portability and Accountability Act of 1996, or HIPAA, as amended by the Health Information Technology for Economic
−Removed: and Clinical Health Act of 2009, or HITECH, which imposes criminal and civil liability for, among other things, executing a scheme to
−Removed: defraud any healthcare benefit program or making false statements relating to healthcare matters and also imposes obligations, including
−Removed: mandatory contractual terms, on covered entities, including certain healthcare providers, health plans, and healthcare clearinghouses,
−Removed: and their respective business associates that create, receive, maintain or transmit individually identifiable health information for
−Removed: or on behalf of the covered entity as well as their covered subcontractors, with respect to safeguarding the privacy, security and transmission
−Removed: of individually identifiable health information;
−Removed: federal Civil Monetary Penalties Law, which prohibits, among other things, the offering or transfer of remuneration to a Medicare or
−Removed: state healthcare program beneficiary if the person knows or should know it is likely to influence the beneficiary’s selection of
−Removed: a particular provider, practitioner, or supplier of services reimbursable by Medicare or a state healthcare program, unless an exception
−Removed: federal Physician Payments Sunshine Act, created under the Affordable Care Act, and its implementing regulations, which requires certain
−Removed: manufacturers of drugs, devices, biologicals and medical supplies for which payment is available under Medicare, Medicaid or the Children’s
−Removed: Health Insurance Program (with certain exceptions) to report annually information related to certain payments or other transfers of value
−Removed: provided to physicians and any ownership and investment interests held by physicians or their immediate family members.
−Removed: 2022, applicable manufacturers also will be required to report such information regarding payments and other transfers of value to physician
−Removed: assistants, nurse practitioners, clinical nurse specialists, anesthesiologist assistants, certified registered nurse anesthetists and
−Removed: certified nurse midwives during the previous year;
−Removed: state laws and regulations, including (among others) state anti-kickback and false claims laws, which may apply to our business practices,
−Removed: including, but not limited to, research, distribution, sales and marketing arrangements and claims involving healthcare items or services
−Removed: reimbursed by any third-party payor, including private insurers;
−Removed: state laws that require pharmaceutical companies to comply with the
−Removed: pharmaceutical industry’s voluntary compliance guidelines and the relevant compliance guidance promulgated by the United States
−Removed: federal government, or otherwise restrict payments that may be made to healthcare providers and other potential referral sources;
−Removed: laws and regulations that require drug manufacturers to file reports relating to pricing and marketing information and that require tracking
−Removed: gifts and other remuneration and items of value provided to healthcare professionals and entities;
−Removed: state and local laws that require
−Removed: the registration of pharmaceutical sales representatives;
−Removed: and state laws governing the privacy and security of health information in
−Removed: certain circumstances, many of which differ from each other in significant ways and often are not preempted by federal law, thus complicating
−Removed: compliance efforts.
+Added: the federal Anti-Kickback Statute, which prohibits persons and entities from, among other things, knowingly and willfully soliciting, offering, receiving or providing remuneration, directly or indirectly, in cash or in kind, to induce or reward either the referral of an individual for, or the purchase, lease, order or recommendation of, any good, facility, item or service, for which payment may be made under federal and state healthcare programs such as Medicare and Medicaid;
+Added: the federal false claims laws, including civil whistleblower or qui tam actions under the federal False Claims Act, which impose criminal and civil penalties against individuals or entities for, among other things, knowingly presenting, or causing to be presented, to the federal government, claims for payment that are false or fraudulent or making a false statement to avoid, decrease or conceal an obligation to pay money to the federal government;
+Added: the federal Health Insurance Portability and Accountability Act of 1996, or HIPAA, as amended by the Health Information Technology for Economic and Clinical Health Act of 2009, or HITECH, which imposes criminal and civil liability for, among other things, executing a scheme to defraud any healthcare benefit program or making false statements relating to healthcare matters and also imposes obligations, including mandatory contractual terms, on covered entities, including certain healthcare providers, health plans, and healthcare clearinghouses, and their respective business associates that create, receive, maintain or transmit individually identifiable health information for or on behalf of the covered entity as well as their covered subcontractors, with respect to safeguarding the privacy, security and transmission of individually identifiable health information;
+Added: the federal Civil Monetary Penalties Law, which prohibits, among other things, the offering or transfer of remuneration to a Medicare or state healthcare program beneficiary if the person knows or should know it is likely to influence the beneficiary’s selection of a particular provider, practitioner, or supplier of services reimbursable by Medicare or a state healthcare program, unless an exception applies;
+Added: the federal Physician Payments Sunshine Act, created under the Affordable Care Act, and its implementing regulations, which requires certain manufacturers of drugs, devices, biologicals and medical supplies for which payment is available under Medicare, Medicaid or the Children’s Health Insurance Program (with certain exceptions) to report annually information related to certain payments or other transfers of value provided to physicians and any ownership and investment interests held by physicians or their immediate family members.
+Added: Beginning in 2022, applicable manufacturers also will be required to report such information regarding payments and other transfers of value to physician assistants, nurse practitioners, clinical nurse specialists, anesthesiologist assistants, certified registered nurse anesthetists and certified nurse midwives during the previous year;
+Added: analogous state laws and regulations, including (among others) state anti-kickback and false claims laws, which may apply to our business practices, including, but not limited to, research, distribution, sales and marketing arrangements and claims involving healthcare items or services reimbursed by any third-party payor, including private insurers;
+Added: state laws that require pharmaceutical companies to comply with the pharmaceutical industry’s voluntary compliance guidelines and the relevant compliance guidance promulgated by the United States federal government, or otherwise restrict payments that may be made to healthcare providers and other potential referral sources;
+Added: state laws and regulations that require drug manufacturers to file reports relating to pricing and marketing information and that require tracking gifts and other remuneration and items of value provided to healthcare professionals and entities;
+Added: state and local laws that require the registration of pharmaceutical sales representatives;
+Added: and state laws governing the privacy and security of health information in certain circumstances, many of which differ from each other in significant ways and often are not preempted by federal law, thus complicating compliance efforts.
Efforts to comply with applicable
114 unchanged sentences
market acceptance.
−Removed: Iomab-B, Actimab-A product
−Removed: and future product candidates that we may develop may never gain market acceptance among physicians, patients and the medical community.
−Removed: The degree of market acceptance of any of our products will depend on a number of factors, including the actual and perceived effectiveness
−Removed: and reliability of the product;
+Added: Iomab-B, Actimab-A and future
+Added: product candidates that we may develop may never gain market acceptance among physicians, patients and the medical community.
+Added: of market acceptance of any of our products will depend on a number of factors, including the actual and perceived effectiveness and reliability
+Added: of the product;
the results of any long-term clinical trials relating to use of the product;
−Removed: the availability, relative
−Removed: cost and perceived advantages and disadvantages of alternative technologies;
−Removed: the degree to which treatments using the product are approved
−Removed: for reimbursement by public and private insurers;
+Added: the availability, relative cost and perceived
+Added: advantages and disadvantages of alternative technologies;
+Added: the degree to which treatments using the product are approved for reimbursement
+Added: by public and private insurers;
the strength of our marketing and distribution infrastructure;
−Removed: and the level of education
−Removed: and awareness among physicians and hospitals concerning the product.
+Added: and the level of education and awareness
+Added: among physicians and hospitals concerning the product.
We believe that oncologists
70 unchanged sentences
purchase a manufacturing facility, we may not realize the expected benefits of these efforts.
−Removed: We depend on vendors with
−Removed: specialized operations, equipment and know-how to manufacture the respective components of our drug candidates.
+Added: We depend on vendors with specialized
+Added: operations, equipment and know-how to manufacture the respective components of our drug candidates.
We have entered into manufacturing
123 unchanged sentences
in a number of potentially significant negative consequences, including:
−Removed: authorities may withdraw their approval of the product;
−Removed: authorities may require the addition of labeling statements, such as warnings or contraindications;
−Removed: may be required to change the way the product is administered, conduct additional clinical trials or change the labeling of the product;
−Removed: may elect, or we may be required, to recall or withdraw product from the market;
−Removed: could be sued and held liable for harm caused to patients;
−Removed: reputation may suffer.
−Removed: Any of these events could
−Removed: substantially increase the costs and expenses of developing, commercializing and marketing any such product candidates or could harm or
−Removed: prevent sales of any approved products.
+Added: regulatory authorities may withdraw their approval of the product;
+Added: regulatory authorities may require the addition of labeling statements, such as warnings or contraindications;
+Added: we may be required to change the way the product is administered, conduct additional clinical trials or change the labeling of the product;
+Added: we may elect, or we may be required, to recall or withdraw product from the market;
+Added: we could be sued and held liable for harm caused to patients;
+Added: our reputation may suffer.
+Added: Any of these events could substantially
+Added: increase the costs and expenses of developing, commercializing and marketing any such product candidates or could harm or prevent sales
+Added: of any approved products.
Risks Related to Our Intellectual Property
53 unchanged sentences
Litigation may also absorb significant management time.
−Removed: Unpatented trade secrets,
−Removed: improvements, confidential know-how and continuing technological innovation are important to our scientific and commercial success.
−Removed: we attempt to and will continue to attempt to protect our proprietary information through reliance on trade secret laws and the use of
−Removed: confidentiality agreements with our partners, collaborators, employees and consultants and other appropriate means, these measures may
−Removed: not effectively prevent disclosure of our proprietary information, and, in any event, others may develop independently, or obtain access
−Removed: to, the same or similar information.
−Removed: In addition, we cannot guarantee that we have executed these agreements with each party that may
−Removed: have or have had access to our trade secrets.
−Removed: Furthermore, if the employees and consultants who are parties to these agreements breach
−Removed: or violate the terms of these agreements, we may not have adequate remedies for any such breach or violation, and we could lose our trade
−Removed: secrets through such breaches or violations.
+Added: Unpatented trade secrets, improvements,
+Added: confidential know-how and continuing technological innovation are important to our scientific and commercial success.
+Added: Although we attempt
+Added: to and will continue to attempt to protect our proprietary information through reliance on trade secret laws and the use of confidentiality
+Added: agreements with our partners, collaborators, employees and consultants and other appropriate means, these measures may not effectively
+Added: prevent disclosure of our proprietary information, and, in any event, others may develop independently, or obtain access to, the same
+Added: or similar information.
+Added: In addition, we cannot guarantee that we have executed these agreements with each party that may have or have
+Added: had access to our trade secrets.
+Added: Furthermore, if the employees and consultants who are parties to these agreements breach or violate the
+Added: terms of these agreements, we may not have adequate remedies for any such breach or violation, and we could lose our trade secrets through
+Added: such breaches or violations.
Certain of our patent rights
102 unchanged sentences
any of our product candidates that we obtain approval to market.
−Removed: To manage our anticipated
−Removed: future growth, we must continue to implement and improve our managerial, operational and financial systems, expand our facilities and
−Removed: continue to recruit and train additional qualified personnel.
−Removed: Due to our limited financial resources and the limited experience of our
−Removed: management team in managing a public company with such anticipated growth, we may not be able to effectively manage the expansion of our
−Removed: operations or recruit and train additional qualified personnel.
−Removed: The expansion of our operations may lead to significant costs and may
−Removed: divert our management and business development resources.
−Removed: Any inability to manage growth could delay the execution of our business plans
−Removed: or disrupt our operations.
+Added: To manage our anticipated future
+Added: growth, we must continue to implement and improve our managerial, operational and financial systems, expand our facilities and continue
+Added: to recruit and train additional qualified personnel.
+Added: Due to our limited financial resources and the limited experience of our management
+Added: team in managing a public company with such anticipated growth, we may not be able to effectively manage the expansion of our operations
+Added: or recruit and train additional qualified personnel.
+Added: The expansion of our operations may lead to significant costs and may divert our
+Added: management and business development resources.
+Added: Any inability to manage growth could delay the execution of our business plans or disrupt
+Added: our operations.
The use of hazardous materials, including
1 unchanged sentence
to liability for claims arising from the use or misuse of these materials.
−Removed: Our research, development
−Removed: and manufacturing activities involve the controlled use of hazardous materials, including chemicals, radioactive and biological materials,
+Added: Our research, development and
+Added: manufacturing activities involve the controlled use of hazardous materials, including chemicals, radioactive and biological materials,
such as radioactive isotopes.
33 unchanged sentences
business strategy.
−Removed: Our future operations and
−Removed: successes depend in large part upon the continued service of key members of our senior management team whom we are highly dependent upon
−Removed: to manage our business.
−Removed: If any member of our current senior management terminates his or her employment with us and we are unable to find
−Removed: a suitable replacement quickly, the departure could have a material adverse effect on our business.
−Removed: An overall tightening and increasingly
−Removed: competitive labor market has been observed in the U.S.
+Added: Our future operations and successes
+Added: depend in large part upon the continued service of key members of our senior management team whom we are highly dependent upon to manage
+Added: our business.
+Added: If any member of our current senior management terminates his or her employment with us and we are unable to find a suitable
+Added: replacement quickly, the departure could have a material adverse effect on our business.
+Added: An overall tightening and increasingly competitive
+Added: labor market has been observed in the U.S.
employment market generally, especially in response to the COVID-19 pandemic.
−Removed: to the biotechnology industry in which we operate, there is significant demand and competition for highly specialized talent that we require.
+Added: Specific to the
+Added: biotechnology industry in which we operate, there is significant demand and competition for highly specialized talent that we require.
A sustained labor shortage or increased turnover rates within our employee base, caused by the COVID-19 pandemic, as a result of general
28 unchanged sentences
may strain our resources.
−Removed: We expect to need to grow
−Removed: rapidly in order to support additional, larger, and potentially international, pivotal clinical trials of our product candidates as well
−Removed: as potential commercial operations, which will place a significant strain on our financial, managerial and operational resources.
−Removed: to achieve and manage growth effectively, we must continue to improve and expand our operational and financial management capabilities.
−Removed: Moreover, we will need to increase staffing and to train, motivate and manage our employees.
−Removed: All of these activities will increase our
−Removed: expenses and may require us to raise additional capital sooner than expected.
−Removed: Failure to manage growth effectively could materially harm
−Removed: our business, financial condition or results of operations.
+Added: We expect to need to grow rapidly
+Added: in order to support additional, larger, and potentially international, pivotal clinical trials of our product candidates as well as potential
+Added: commercial operations, which will place a significant strain on our financial, managerial and operational resources.
+Added: In order to achieve
+Added: and manage growth effectively, we must continue to improve and expand our operational and financial management capabilities.
+Added: we will need to increase staffing and to train, motivate and manage our employees.
+Added: All of these activities will increase our expenses
+Added: and may require us to raise additional capital sooner than expected.
+Added: Failure to manage growth effectively could materially harm our business,
+Added: financial condition or results of operations.
We may expand our business through the acquisition
13 unchanged sentences
employees of the acquired companies.
−Removed: We can make no assurances
−Removed: that any acquisition will result in short-term or long-term benefits to us.
−Removed: We may incorrectly judge the value or worth of an acquired
−Removed: product, company or business.
−Removed: In addition, our future success would depend in part on our ability to manage the rapid growth associated
−Removed: with some of these acquisitions.
−Removed: We cannot assure that we will be able to make the combination of our business with that of acquired products,
−Removed: businesses or companies work or be successful.
−Removed: Furthermore, the development or expansion of our business or any acquired products, business
−Removed: or companies may require a substantial capital investment by us.
−Removed: We may not have these necessary funds, or they might not be available
−Removed: to us on acceptable terms or at all.
−Removed: We may also seek to raise funds by selling shares of our preferred or common stock, which could dilute
−Removed: each current stockholder’s ownership interest in the Company.
+Added: We can make no assurances that
+Added: any acquisition will result in short-term or long-term benefits to us.
+Added: We may incorrectly judge the value or worth of an acquired product,
+Added: company or business.
+Added: In addition, our future success would depend in part on our ability to manage the rapid growth associated with some
+Added: of these acquisitions.
+Added: We cannot assure that we will be able to make the combination of our business with that of acquired products, businesses
+Added: or companies work or be successful.
+Added: Furthermore, the development or expansion of our business or any acquired products, business or companies
+Added: may require a substantial capital investment by us.
+Added: We may not have these necessary funds, or they might not be available to us on acceptable
+Added: terms or at all.
+Added: We may also seek to raise funds by selling shares of our preferred or common stock, which could dilute each current stockholder’s
+Added: ownership interest in the Company.
Risks Related to Ownership of Our Common Stock
16 unchanged sentences
lead to losses by stockholders and potential costly security litigation.
−Removed: The trading volume of our
−Removed: common stock has been and may continue to be extremely limited and sporadic.
−Removed: We expect the market price of our common stock to fluctuate
−Removed: substantially due to a variety of factors, including market perception of our ability to achieve our planned growth, quarterly operating
−Removed: results of other companies in the same industry, trading volume in our common stock, changes in general conditions in the economy and
−Removed: the financial markets or other developments affecting our competitors or us.
−Removed: This volatility has had a significant effect on the market
−Removed: price of securities issued by many companies for reasons unrelated to their operating performance and could have the same effect on our
−Removed: common stock.
+Added: The trading volume of our common
+Added: stock has been and may continue to be extremely limited and sporadic.
+Added: We expect the market price of our common stock to fluctuate substantially
+Added: due to a variety of factors, including market perception of our ability to achieve our planned growth, quarterly operating results of
+Added: other companies in the same industry, trading volume in our common stock, changes in general conditions in the economy and the financial
+Added: markets or other developments affecting our competitors or us.
+Added: This volatility has had a significant effect on the market price of securities
+Added: issued by many companies for reasons unrelated to their operating performance and could have the same effect on our common stock.
The trading price of our common
stock may be highly volatile and could fluctuate in response to factors such as:
−Removed: or anticipated variations in our operating results;
−Removed: ● announcements
−Removed: of developments by us or our competitors;
−Removed: timing of IND and/or BLA approval, the completion and/or results of our clinical trials;
−Removed: actions regarding our products;
−Removed: ● announcements
−Removed: by us or our competitors of significant acquisitions, strategic partnerships, joint ventures or capital commitments;
−Removed: of new accounting standards affecting our industry;
−Removed: or departures of key personnel;
−Removed: ● introduction
−Removed: of new products by us or our competitors;
−Removed: of our common stock or other securities in the open market;
−Removed: or unfavorable reports from securities or industry analysts;
−Removed: events or factors, many of which are beyond our control.
+Added: actual or anticipated variations in our operating results;
+Added: announcements of developments by us or our competitors;
+Added: the timing of IND and/or BLA approval, the completion and/or results of our clinical trials;
+Added: regulatory actions regarding our products;
+Added: announcements by us or our competitors of significant acquisitions, strategic partnerships, joint ventures or capital commitments;
+Added: adoption of new accounting standards affecting our industry;
+Added: additions or departures of key personnel;
+Added: introduction of new products by us or our competitors;
+Added: sales of our common stock or other securities in the open market;
+Added: inaccurate or unfavorable reports from securities or industry analysts;
+Added: other events or factors, many of which are beyond our control.
The stock market is subject
7 unchanged sentences
common stock, so any returns will be determined by the value of our common stock.
−Removed: We have never declared or
−Removed: paid any cash dividends on our common stock.
+Added: We have never declared or paid
+Added: any cash dividends on our common stock.
For the foreseeable future, it is expected that earnings, if any, generated from our operations
4 unchanged sentences
stock will appreciate in value.
−Removed: Certain provisions of our Certificate of Incorporation
−Removed: and Bylaws and Delaware law make it more difficult for a third party to acquire us and make a takeover more difficult to complete, even
−Removed: if such a transaction were in our stockholders’ interest.
+Added: Certain provisions of our Certificate
+Added: of Incorporation and Bylaws and Delaware law make it more difficult for a third party to acquire us and make a takeover more difficult
+Added: to complete, even if such a transaction were in our stockholders’ interest.
Provisions of our certificate
4 unchanged sentences
Among other things, the certificate of incorporation and bylaws:
−Removed: that the authorized number of directors may be changed by resolution of the board of directors;
−Removed: that all vacancies, including newly-created directorships, may, except as otherwise required by law, be filled by the affirmative vote
−Removed: of a majority of directors then in office, even if less than a quorum;
−Removed: the board of directors into three classes;
−Removed: that stockholders seeking to present proposals before a meeting of stockholders or to nominate candidates for election as directors at
−Removed: a meeting of stockholders must provide notice in writing in a timely manner, and meet specific requirements as to the form and content
−Removed: of a stockholder’s notice;
+Added: provide that the authorized number of directors may be changed by resolution of the board of directors;
+Added: provide that all vacancies, including newly-created directorships, may, except as otherwise required by law, be filled by the affirmative vote of a majority of directors then in office, even if less than a quorum;
+Added: divide the board of directors into three classes;
+Added: provide that stockholders seeking to present proposals before a meeting of stockholders or to nominate candidates for election as directors at a meeting of stockholders must provide notice in writing in a timely manner, and meet specific requirements as to the form and content of a stockholder’s notice;
In addition, we are governed
82 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.