Management’s Discussion and Analysis of Financial Condition and Results of Operations
−Removed: You should read the following
−Removed: discussion and analysis together with our audited consolidated financial statements and the accompanying notes contained elsewhere in
−Removed: This discussion contains forward-looking statements, within the meaning of Section 27A of Securities Act, Section 21E of
−Removed: the Exchange Act, and the Private Securities Litigation Reform Act of 1995, including statements regarding our expected financial
−Removed: condition, business and financing plans.
+Added: should read the following discussion and analysis together with our audited consolidated financial statements and the accompanying notes
+Added: contained elsewhere in this report.
+Added: This discussion contains forward-looking statements, within the meaning of Section 27A of Securities
+Added: Act, Section 21E of the Exchange Act, and the Private Securities Litigation Reform Act of 1995, including statements regarding our
+Added: expected financial condition, business and financing plans.
These statements involve risks and uncertainties.
−Removed: Our actual results could differ materially
−Removed: from the results described in or implied by these forward-looking statements as a result of various factors, including those discussed
−Removed: below and elsewhere in this report, particularly under the heading “Risk Factors.”
−Removed: CorMedix Inc., together with our wholly owned
−Removed: subsidiaries, (collectively referred to herein as “we,” “us,” “our” and the “Company”),
−Removed: is a biopharmaceutical company focused on developing and commercializing therapeutic products for the prevention and treatment of infectious
−Removed: and inflammatory diseases.
−Removed: In May 2020, we formed a wholly-owned Spanish subsidiary, CorMedix Spain, S.L.U.
−Removed: Our primary focus is on the development of our lead product candidate,
−Removed: DefenCath™, for potential commercialization in the United States, or U.S., and other key markets as a catheter lock solution, or
−Removed: We have in-licensed the worldwide rights to develop and commercialize DefenCath and Neutrolin®.
+Added: Our actual results could
+Added: differ materially from the results described in or implied by these forward-looking statements as a result of various factors, including
+Added: those discussed below and elsewhere in this report, particularly under the heading “Risk Factors.”
+Added: and our wholly owned German subsidiaries, CorMedix Europe GmbH and CorMedix Spain, S.L.U.
+Added: (collectively referred to herein as “we,”
+Added: “us,” “our” and the “Company”), is a biopharmaceutical company focused on developing and commercializing
+Added: therapeutic products for the prevention and treatment of life-threatening diseases and conditions.
+Added: primary focus is on the development of our lead product candidate, DefenCath™, for potential commercialization in the United States,
+Added: or U.S., and other key markets as a catheter lock solution, or CLS.
+Added: We have in-licensed the worldwide rights to develop and commercialize
+Added: DefenCath and Neutrolin ® .
The name DefenCath is the U.S.
−Removed: proprietary name conditionally approved by the U.S.
−Removed: Food and Drug Administration, or FDA, while the name Neutrolin® is currently used
−Removed: in the European Union, or EU, and other territories where we received CE-Mark approval for the commercial distribution of Neutrolin as
−Removed: a CLS regulated as a medical device.
−Removed: DefenCath/Neutrolin is a novel anti-infective solution (a formulation of taurolidine 13.5 mg/mL and
−Removed: heparin 1000 USP Units/mL) intended for the reduction and prevention of catheter-related infections and thrombosis in patients requiring
−Removed: central venous catheters in clinical settings such as hemodialysis, total parenteral nutrition, and oncology.
−Removed: Infection and thrombosis
−Removed: represent key complications among hemodialysis, total parenteral nutrition and oncology patients with central venous catheters.
−Removed: complications can lead to treatment delays and increased costs to the healthcare system when they occur due to hospitalizations, need
−Removed: for intravenous, or IV antibiotic treatment, long-term anticoagulation therapy, removal/replacement of the central venous catheter, related
−Removed: treatment costs and increased mortality.
−Removed: We believe DefenCath addresses a significant unmet medical need and a potential large market
−Removed: In January 2015, the FDA designated DefenCath
−Removed: as a Qualified Infectious Disease Product, or QIDP, for prevention of catheter-related blood stream infections in patients with end stage
−Removed: renal disease receiving hemodialysis through a central venous catheter.
−Removed: Catheter-related blood stream infections and clotting can be
−Removed: life-threatening.
−Removed: The QIDP designation provides five years of market exclusivity in addition to the five years granted for a New Chemical
−Removed: Entity upon approval of a New Drug Application, or NDA.
−Removed: In addition, in January 2015, the FDA granted Fast Track designation to DefenCath
−Removed: Catheter Lock Solution, a designation intended to facilitate development and expedite review of drugs that treat serious and life-threatening
−Removed: conditions so that the approved drug can reach the market expeditiously.
−Removed: The Fast Track designation of DefenCath provides us with the
−Removed: opportunity to meet with the FDA on a more frequent basis during the development process, and also ensures eligibility to request priority
−Removed: review of the marketing application.
−Removed: In December 2015, we launched our Phase 3 Prospective,
−Removed: Multicenter, Double-blind, Randomized, Active Control Study to Demonstrate Safety & Effectiveness of DefenCath/Neutrolin in Preventing
−Removed: Catheter-related Bloodstream Infection in Subjects on Hemodialysis for End Stage Renal Disease, or LOCK-IT-100, in patients with hemodialysis
−Removed: catheters in the U.S.
−Removed: The clinical trial was designed to demonstrate the safety and effectiveness of DefenCath compared to the standard
−Removed: of care CLS, Heparin, in preventing CRBSIs.
−Removed: The primary endpoint for the trial assessed the incidence of CRBSI and time to CRBSI for
−Removed: each study subject.
−Removed: Secondary endpoints were catheter patency, which was defined as required use of tPA, or removal of catheter due to
−Removed: dysfunction, and removal of catheter for any reason.
−Removed: As previously agreed with the FDA, an interim
−Removed: efficacy analysis was performed when the first 28 potential CRBSI cases were identified in our LOCK-IT-100 study that occurred through
−Removed: early December 2017.
−Removed: Based on these first 28 cases, there was a highly statistically significant 72% reduction in CRBSI by DefenCath
−Removed: relative to the active control of heparin (p=0.0034).
−Removed: Because the pre-specified level of statistical significance was reached for the
−Removed: primary endpoint and efficacy had been demonstrated with no safety concerns, the LOCK-IT-100 study was terminated early.
−Removed: The study continued
−Removed: enrolling and treating subjects until study termination, and the final analysis was based on a total of 795 subjects.
−Removed: In a total of 41
−Removed: cases, there was a 71% reduction in CRBSI by DefenCath relative to heparin, which was highly statistically significant (p=0.0006), with
−Removed: a good safety profile.
−Removed: The FDA granted our request for a rolling submission
−Removed: and review of the NDA, which is designed to expedite the approval process for products being developed to address an unmet medical need.
−Removed: Although the FDA usually requires two pivotal clinical trials to provide substantial evidence of safety and effectiveness for approval
−Removed: of an NDA, the FDA will in some cases accept one adequate and well-controlled trial, where it is a large multicenter trial with a broad
−Removed: range of subjects and study sites that has demonstrated a clinically meaningful and statistically very persuasive effect on a disease
−Removed: with potentially serious outcome.
−Removed: In March 2020, we began the modular submission
−Removed: process for the NDA for DefenCath for the prevention of CRBSI in hemodialysis patients, and in August 2020, the FDA accepted for filing
−Removed: the DefenCath NDA.
−Removed: The FDA also granted our request for priority review, which provides for a six-month review period instead of the
−Removed: standard ten-month review period.
−Removed: As we announced in March 2021, the FDA informed in its Complete Response Letter, or CRL, to us that
−Removed: it cannot approve the NDA for DefenCath in its present form.
−Removed: The FDA noted concerns at the third-party manufacturing facility after a
−Removed: review of records requested by the FDA and provided by the contract manufacturing organization, or CMO.
−Removed: Additionally, the FDA is requiring
−Removed: a manual extraction study to demonstrate that the labeled volume can be consistently withdrawn from the vials despite an existing in-process
−Removed: control to demonstrate fill volume within specifications.
−Removed: In April 2021, we and the CMO met with the FDA
−Removed: to discuss proposed resolutions for the deficiencies identified in the CRL to us and the Post-Application Action Letter, or PAAL, received
−Removed: by the CMO from the FDA for the NDA for DefenCath.
−Removed: There was an agreed upon protocol for the manual extraction study identified in the
−Removed: CRL, which now has been successfully completed.
−Removed: Addressing the FDA’s concerns regarding the qualification of the filling operation
−Removed: necessitated adjustments in the process and generation of additional data on operating parameters for manufacture of DefenCath.
−Removed: the CMO determined that additional process qualification is needed with subsequent validation to address these issues.
−Removed: The FDA did not
−Removed: request additional clinical data and did not identify any deficiencies related to the data submitted on the efficacy or safety of DefenCath
−Removed: from LOCK-IT-100.
−Removed: In draft labeling discussed with the FDA, the FDA added that the initial approval will be for the limited population
−Removed: of patients with kidney failure receiving chronic hemodialysis through a central venous catheter.
−Removed: This is consistent with our request
−Removed: for approval pursuant to the Limited Population Pathway for Antibacterial and Antifungal Drugs, or LPAD.
−Removed: LPAD, passed as part of the
−Removed: 21st Century Cures Act, is a new program intended to expedite the development and approval of certain antibacterial and antifungal drugs
−Removed: to treat serious or life-threatening infections in limited populations of patients with unmet needs.
−Removed: LPAD provides for a streamlined
−Removed: clinical development program involving smaller, shorter, or fewer clinical trials and is intended to encourage the development of safe
−Removed: and effective products that address unmet medical needs of patients with serious bacterial and fungal infections.
−Removed: We believe that LPAD
−Removed: will provide additional flexibility for the FDA to approve DefenCath to prevent CRBSIs in the limited population of patients with kidney
−Removed: failure receiving hemodialysis through a central venous catheter.
−Removed: On February 28, 2022, we announced that we resubmitted
−Removed: the NDA for DefenCath to address the CRL issued by the FDA.
−Removed: In parallel, our third-party manufacturer submitted responses to the deficiencies
−Removed: identified at the manufacturing facility in the PAAL issued by the FDA concurrently with the CRL.
−Removed: FDA will evaluate the submission to
−Removed: accept for filing and determine the review timeline.
−Removed: FDA has stated that it expected all corrections to facility deficiencies to be complete
−Removed: at the time of resubmission so that all corrective actions may be verified during an onsite evaluation of the manufacturing facility
−Removed: in the next review cycle, if the FDA determines it will do an onsite evaluation.
−Removed: If an onsite inspection is required, we may encounter
−Removed: delays in obtaining FDA approval because the FDA is currently facing a backlog due to the COVID-19 pandemic.
−Removed: The FDA issued a guidance
−Removed: document on its plan to use voluntary remote interactive evaluations at facilities, including for a pre-approval inspection to assess
−Removed: a marketing application.
−Removed: The FDA will request the manufacturing facility to participate in a voluntary remote interactive evaluation,
−Removed: if the FDA believes it is appropriate.
−Removed: A manufacturing facility cannot request the remote interaction.
−Removed: The FDA expects the use of remote
−Removed: interactive evaluations should help the FDA operate within normal timeframes in spite of the COVID-19 pandemic.
−Removed: We intend to pursue additional indications for
−Removed: DefenCath use as a CLS in populations with an unmet medical need that also represent potentially significant market opportunities.
−Removed: we are continuing to assess these areas, potential future indications may include use as a CLS to reduce CRBSIs in total parenteral nutrition
−Removed: patients using a central venous catheter and in oncology patients using a central venous catheter.
−Removed: In addition to DefenCath, we are sponsoring a
−Removed: pre-clinical research collaboration for the use of taurolidine as a possible treatment for rare orphan pediatric tumors.
−Removed: 2018, the FDA granted orphan drug designation to taurolidine for the treatment of neuroblastoma in children.
−Removed: We may seek one or more
−Removed: strategic partners or other sources of capital to help us develop and commercialize taurolidine for the treatment of neuroblastoma in
−Removed: We are also evaluating opportunities for the possible expansion of taurolidine as a platform compound for use in certain medical
−Removed: Patent applications have been filed in several indications, including wound closure, surgical meshes, and wound management.
−Removed: Based on initial feasibility work, we are advancing pre-clinical studies for taurolidine-infused surgical meshes, suture materials and
+Added: proprietary name that was conditionally approved by the U.S.
+Added: Food and Drug Administration, or FDA, while the name Neutrolin was used in the European Union, or EU, and other territories where we
+Added: received CE-Mark approval for the commercial distribution of Neutrolin as a CLS regulated as a medical device.
+Added: DefenCath/Neutrolin is
+Added: a novel anti-infective solution (a formulation of taurolidine 13.5 mg/mL and heparin 1000 USP Units/mL) intended for the reduction and
+Added: prevention of catheter-related infections and thrombosis in patients requiring central venous catheters in clinical settings such as
+Added: hemodialysis, total parenteral nutrition, and oncology.
+Added: Infection and thrombosis represent key complications among hemodialysis, total
+Added: parenteral nutrition and oncology patients with central venous catheters.
+Added: These complications can lead to treatment delays and increased
+Added: costs to the healthcare system when they occur due to hospitalizations, need for intravenous, or IV antibiotic treatment, long-term anticoagulation
+Added: therapy, removal/replacement of the central venous catheter, related treatment costs and increased mortality.
+Added: We believe DefenCath addresses
+Added: a significant unmet medical need and a potential large market opportunity.
+Added: January 2015, the FDA designated DefenCath as a Qualified Infectious Disease Product, or QIDP, for prevention of catheter-related blood
+Added: stream infections in patients with end stage renal disease receiving hemodialysis through a central venous catheter.
+Added: Catheter-related
+Added: blood stream infections and clotting can be life-threatening.
+Added: The QIDP designation provides five years of market exclusivity in addition
+Added: to the five years granted for a New Chemical Entity upon approval of a New Drug Application, or NDA.
+Added: In addition, in January 2015, the
+Added: FDA granted Fast Track designation to DefenCath Catheter Lock Solution, a designation intended to facilitate development and expedite
+Added: review of drugs that treat serious and life-threatening conditions so that the approved drug can reach the market expeditiously.
+Added: Fast Track designation of DefenCath provides us with the opportunity to meet with the FDA on a more frequent basis during the development
+Added: process, and also ensures eligibility to request priority review of the marketing application.
+Added: December 2015, we launched our Phase 3 Prospective, Multicenter, Double-blind, Randomized, Active Control Study to Demonstrate Safety
+Added: & Effectiveness of DefenCath/Neutrolin in Preventing Catheter-related Bloodstream Infection in Subjects on Hemodialysis for End Stage
+Added: Renal Disease, or LOCK-IT-100, in patients with hemodialysis catheters in the U.S.
+Added: The clinical trial was designed to demonstrate the
+Added: safety and effectiveness of DefenCath compared to the standard of care CLS, Heparin, in preventing CRBSIs.
+Added: The primary endpoint for the
+Added: trial assessed the incidence of CRBSI and time to CRBSI for each study subject.
+Added: Secondary endpoints were catheter patency, which was
+Added: defined as required use of tPA, or removal of catheter due to dysfunction, and removal of catheter for any reason.
+Added: previously agreed with the FDA, an interim efficacy analysis was performed when the first 28 potential CRBSI cases were identified in
+Added: our LOCK-IT-100 study that occurred through early December 2017.
+Added: Based on these first 28 cases, there was a highly statistically significant
+Added: 72% reduction in CRBSI by DefenCath relative to the active control of heparin (p=0.0034).
+Added: Because the pre-specified level of statistical
+Added: significance was reached for the primary endpoint and efficacy had been demonstrated with no safety concerns, the LOCK-IT-100 study was
+Added: terminated early.
+Added: The study continued enrolling and treating subjects until study termination, and the final analysis was based on a
+Added: total of 795 subjects with a total of 41 cases.
+Added: There was a 71% reduction in CRBSI by DefenCath relative to heparin, which was highly
+Added: statistically significant (p=0.0006), with a good safety profile.
+Added: FDA granted our request for a rolling submission and review of the NDA, which is designed to expedite the approval process for products
+Added: being developed to address an unmet medical need.
+Added: Although the FDA usually requires two pivotal clinical trials to provide substantial
+Added: evidence of safety and effectiveness for approval of an NDA, the FDA will in some cases accept one adequate and well-controlled trial,
+Added: where it is a large multicenter trial with a broad range of subjects and study sites that has demonstrated a clinically meaningful and
+Added: statistically very persuasive effect on a disease with potentially serious outcome.
+Added: March 2020, we began the modular submission process for the NDA for DefenCath for the prevention of CRBSI in hemodialysis patients, and
+Added: in August 2020, the FDA accepted for filing the DefenCath NDA.
+Added: The FDA also granted our request for priority review, which provides for
+Added: a six-month review period instead of the standard ten-month review period.
+Added: As we announced in March 2021, the FDA informed us in its
+Added: Complete Response Letter, or CRL, that it could not approve the NDA for DefenCath in its present form.
+Added: The FDA noted concerns at the
+Added: third-party manufacturing facility after a review of records requested by the FDA and provided by the contract manufacturing organization,
+Added: Additionally, the FDA required a manual extraction study to demonstrate that the labeled volume can be consistently withdrawn
+Added: from the vials despite an existing in-process control to demonstrate fill volume within specifications.
+Added: April 2021, we and the CMO met with the FDA to discuss proposed resolutions for the deficiencies identified in the CRL to us and the
+Added: Post-Application Action Letter, or PAAL, received by the CMO from the FDA for the NDA for DefenCath.
+Added: There was an agreed upon protocol
+Added: for the manual extraction study identified in the CRL, which has been successfully completed.
+Added: Addressing the FDA’s concerns regarding
+Added: the qualification of the filling operation necessitated adjustments in the process and generation of additional data on operating parameters
+Added: for manufacture of DefenCath.
+Added: We and the CMO determined that additional process qualification was needed with subsequent validation to
+Added: address these issues.
+Added: The FDA did not request additional clinical data and did not identify any deficiencies related to the data submitted
+Added: on the efficacy or safety of DefenCath from LOCK-IT-100.
+Added: In draft labeling discussed with the FDA, the FDA added that the initial approval
+Added: will be for the limited population of patients with kidney failure receiving chronic hemodialysis through a central venous catheter.
+Added: This is consistent with our request for approval pursuant to the Limited Population Pathway for Antibacterial and Antifungal Drugs, or
+Added: LPAD, passed as part of the 21st Century Cures Act, is a new program intended to expedite the development and approval of certain
+Added: antibacterial and antifungal drugs to treat serious or life-threatening infections in limited populations of patients with unmet needs.
+Added: LPAD provides for a streamlined clinical development program involving smaller, shorter, or fewer clinical trials and is intended to
+Added: encourage the development of safe and effective products that address unmet medical needs of patients with serious bacterial and fungal
+Added: We believe that LPAD will provide additional flexibility for the FDA to approve DefenCath to reduce CRBSIs in the limited
+Added: population of patients with kidney failure receiving hemodialysis through a central venous catheter.
+Added: February 28, 2022, we resubmitted the NDA for DefenCath to address the CRL issued by the FDA.
+Added: In parallel, our third-party manufacturer
+Added: submitted responses to the deficiencies identified at the manufacturing facility in the PAAL issued by the FDA concurrently with the
+Added: On March 28, 2022, we announced that the resubmission of the NDA for DefenCath had been accepted for filing by the FDA.
+Added: considered the resubmission as a complete, Class 2 response with a six-month review cycle.
+Added: The CMO notified us that an onsite inspection
+Added: by the FDA was conducted that resulted in FORM FDA 483 observations that are being addressed.
+Added: The CMO submitted responses to the inspectional
+Added: observations along with a corrective action plan and requested a meeting with the FDA to discuss.
+Added: We were also notified by our supplier
+Added: of heparin, an active pharmaceutical ingredient, or API, for DefenCath, that an inspection by the FDA for an unrelated API resulted in
+Added: a Warning Letter due to deviations from good manufacturing practices for the unrelated API.
+Added: August 8, 2022, we announced receipt of a second CRL from the FDA regarding our DefenCath NDA.
+Added: The FDA stated that the DefenCath NDA
+Added: cannot be approved until deficiencies conveyed to the CMO and the heparin API supplier are resolved to the satisfaction of the FDA.
+Added: were no other requirements identified by the FDA for us prior to resubmission of the NDA.
+Added: The FDA has acknowledged the progress reports
+Added: submitted by the CMO on implementation of the ongoing corrective actions.
+Added: Validation of manufacturing with heparin from an alternative
+Added: supplier is underway to prepare for resubmission of the NDA in the event that the Warning Letter at our current API supplier remains
+Added: Corrective actions have been implemented to address the inspectional observations at the CMO and are under review by the
+Added: As part of the NDA review process, the FDA notified
+Added: us that although the tradename DefenCath was conditionally approved, the FDA now has identified potential confusion with another pending
+Added: product name that is also under review.
+Added: The ultimate acceptability of our proposed tradename is dependent upon which application is approved
+Added: As a precaution, we are preparing to submit an alternative proprietary name to the FDA which will undergo review.
+Added: previously announced an agreement with Alcami Corporation, or Alcami, a U.S.
+Added: based contract manufacturer with proven capabilities for
+Added: manufacturing commercial sterile parenteral drug products.
+Added: Alcami may function as an alternate manufacturing site for DefenCath for the
+Added: As part of the technology transfer and validation of the manufacturing process at Alcami, we would also expect to qualify
+Added: an alternate source of heparin API sourced from a major U.S.
+Added: intend to pursue additional indications for DefenCath use as a CLS in populations with unmet medical needs that may also represent potentially
+Added: significant market opportunities.
+Added: While we are continuing to assess these areas, potential future indications may include use as a CLS
+Added: to reduce CRBSIs in total parenteral nutrition patients using a central venous catheter and in oncology patients using a central venous
+Added: addition to DefenCath, we are sponsoring a pre-clinical research collaboration for the use of taurolidine as a possible treatment for
+Added: rare orphan pediatric tumors.
+Added: In February 2018, the FDA granted orphan drug designation to taurolidine for the treatment of neuroblastoma
+Added: We may seek one or more strategic partners or other sources of capital to help us develop and commercialize taurolidine
+Added: for the treatment of neuroblastoma in children.
+Added: We are also evaluating opportunities for the possible expansion of taurolidine as a platform
+Added: compound for use in certain medical devices.
+Added: Patent applications have been filed in several indications, including wound closure, surgical
+Added: meshes, and wound management.
+Added: Based on initial feasibility work, we are advancing pre-clinical studies for taurolidine-infused surgical
+Added: meshes, suture materials and hydrogels.
We will seek to establish development/commercial partnerships as these programs advance.
−Removed: We were granted a deferral by the FDA under the
−Removed: Pediatric Research Equity Act, or PREA, that requires sponsors to conduct pediatric studies for NDAs for a new active ingredient, such
−Removed: as taurolidine in DefenCath, unless a waiver or deferral is obtained from the FDA.
−Removed: A deferral acknowledges that a pediatric assessment
−Removed: is required but permits the applicant to submit the pediatric assessment after the submission of an NDA.
−Removed: We have made a commitment to
−Removed: conduct the pediatric study after approval of the NDA for use in adult hemodialysis patients.
−Removed: Pediatric studies for an approved product
−Removed: conducted under PREA may qualify for pediatric exclusivity, which if granted would provide an additional six months of marketing exclusivity.
−Removed: DefenCath would then have the potential to receive a total marketing exclusivity period of 10.5 years, including exclusivity pursuant
−Removed: to NCE and QIDP.
−Removed: The FDA regards taurolidine as a new chemical
−Removed: entity and therefore an unapproved new drug.
−Removed: Consequently, there is no appropriate predicate medical device currently marketed in the
+Added: were granted a deferral by the FDA under the Pediatric Research Equity Act, or PREA, that requires sponsors to conduct pediatric studies
+Added: for NDAs for a new active ingredient, such as taurolidine in DefenCath, unless a waiver or deferral is obtained from the FDA.
+Added: acknowledges that a pediatric assessment is required but permits the applicant to submit the pediatric assessment after the submission
+Added: We have made a commitment to conduct the pediatric study after approval of the NDA for use in adult hemodialysis patients.
+Added: Pediatric studies for an approved product conducted under PREA may qualify for pediatric exclusivity, which, if granted, would provide
+Added: an additional six months of marketing exclusivity.
+Added: DefenCath would then have the potential to receive a total marketing exclusivity period
+Added: of 10.5 years, including exclusivity pursuant to NCE and QIDP.
+Added: FDA regards taurolidine as a new chemical entity and therefore an unapproved new drug.
+Added: Consequently, there is no appropriate predicate
+Added: medical device currently marketed in the U.S.
on which a 510(k) approval process could be based.
−Removed: As a result, we will be required to submit a premarket approval application,
−Removed: or PMA, for marketing authorization for any medical device indications that we may pursue.
−Removed: In the event that an NDA for DefenCath is
−Removed: approved by the FDA, the regulatory pathway for these medical device product candidates may be revisited with the FDA.
−Removed: Although there
−Removed: may be no appropriate predicate, de novo Class II designation can be proposed, based on a risk assessment and a reasonable assurance
−Removed: of safety and effectiveness.
−Removed: In the European Union, or EU, Neutrolin is regulated
−Removed: as a Class 3 medical device.
+Added: As a result, we will be required to
+Added: submit a premarket approval application, or PMA, for marketing authorization for any medical device indications that we may pursue.
+Added: the event that an NDA for DefenCath is approved by the FDA, the regulatory pathway for these medical device product candidates may be
+Added: revisited with the FDA.
+Added: Although there may be no appropriate predicate, de novo Class II designation can be proposed, based on a risk
+Added: assessment and a reasonable assurance of safety and effectiveness.
+Added: the European Union, or EU, Neutrolin is regulated as a Class 3 medical device.
In July 2013, we received CE Mark approval for Neutrolin.
−Removed: In December 2013, we commercially launched Neutrolin
−Removed: in Germany for the prevention of CRBSI, and maintenance of catheter patency in hemodialysis patients using a tunneled, cuffed central
−Removed: venous catheter for vascular access.
−Removed: To date, Neutrolin is registered and may be sold in certain European Union countries for such treatment.
−Removed: In September 2014, the TUV-SUD and The Medicines
−Removed: Evaluation Board of the Netherlands, or MEB, granted a label expansion for Neutrolin to include use in oncology patients receiving chemotherapy,
−Removed: intravenous, or IV, hydration and IV medications via CVC for the EU.
−Removed: In December 2014, we received approval from the Hessian District
−Removed: President in Germany to expand the label for these same expanded indications.
−Removed: The expansion also adds patients receiving medication and
−Removed: IV fluids via CVC in intensive or critical care units (cardiac care unit, surgical care unit, neonatal critical care unit, and urgent
−Removed: care centers).
+Added: In December 2013, we commercially launched Neutrolin in Germany for the prevention of CRBSI, and maintenance of catheter patency in hemodialysis
+Added: patients using a tunneled, cuffed central venous catheter for vascular access.
+Added: September 2014, the TUV-SUD and The Medicines Evaluation Board of the Netherlands, or MEB, granted a label expansion for Neutrolin to
+Added: include use in oncology patients receiving chemotherapy, intravenous, or IV, hydration and IV medications via CVC for the EU.
+Added: 2014, we received approval from the Hessian District President in Germany to expand the label for these same expanded indications.
+Added: expansion also adds patients receiving medication and IV fluids via CVC in intensive or critical care units (cardiac care unit, surgical
+Added: care unit, neonatal critical care unit, and urgent care centers).
An indication for use in total parenteral nutrition was also approved.
−Removed: In September 2019, our registration with the Saudi
−Removed: Arabia Food and Drug Administration, or the SFDA, expired.
−Removed: As a result, we cannot sell Neutrolin in Saudi Arabia.
−Removed: We intend to complete
−Removed: the documentation required to renew our registration with the SFDA, however, we cannot predict how long the renewal process will take.
−Removed: There is no assurance that the registration will be renewed by the SFDA.
−Removed: The novel coronavirus has been declared a pandemic
−Removed: and has spread to multiple global regions.
−Removed: The outbreak and government measures taken in response have also had a significant impact,
−Removed: both direct and indirect, on businesses and commerce, as worker shortages have occurred;
−Removed: supply chains have been disrupted;
−Removed: and production have been suspended;
−Removed: and demand for certain goods and services, such as medical services and supplies, has spiked, while
−Removed: demand for other goods and services, such as travel, has fallen.
−Removed: In response to the COVID-19 outbreak, “shelter in place”
−Removed: orders and other public health guidance measures have been implemented across much of the United States, Europe and Asia, including in
−Removed: the locations of our offices, clinical trial sites, key vendors and partners.
−Removed: Such “shelter in place” orders were previously
−Removed: lifted, at least partially, in many locations.
−Removed: However, an increase in the spread of COVID-19 and variants, including the Delta variant,
−Removed: which may affect the spread or severity of one or more successive waves of the virus, has led, and may continue to lead, to the re-imposition
−Removed: by many nations and U.S.
−Removed: of quarantine requirements for travelers from other regions and may lead to the re-imposition of “shelter-in-place”
−Removed: or other similar orders.
−Removed: Our program timelines may be negatively affected by COVID-19, which could materially and adversely affect its
−Removed: business, financial conditions and results of operations.
−Removed: Since our inception, our operations have been
−Removed: primarily limited to conducting clinical trials and establishing manufacturing for our product candidates, licensing product candidates,
−Removed: business and financial planning, research and development, seeking regulatory approval for our products, initial commercialization activities
−Removed: for DefenCath in the U.S.
−Removed: and Neutrolin in the EU and other foreign markets, and maintaining and improving our patent portfolio.
−Removed: have funded our operations primarily through debt and equity financings.
−Removed: We have generated significant losses to date, and
−Removed: we expect to use substantial amounts of cash for our operations as we prepare our pre-launch commercial activities for DefenCath for
−Removed: market and commercialize Neutrolin in the EU and other foreign markets, pursue business development activities, and incur additional
−Removed: legal costs to defend our intellectual property.
−Removed: As of December 31, 2021, we had an accumulated deficit of approximately $245.7
−Removed: We are unable to predict the extent of any future losses or when we will become profitable, if ever.
−Removed: Financial Operations Overview
−Removed: We have not generated substantial
−Removed: revenue since our inception.
−Removed: Through December 31, 2021, we have funded our operations primarily through debt and equity financings.
−Removed: Research and Development
−Removed: Research and development, or R&D, expense
+Added: September 2019, our registration with the Saudi Arabia Food and Drug Administration, or the SFDA, expired.
+Added: As a result, we cannot sell
+Added: Neutrolin in Saudi Arabia and we do not intend to pursue renewal of our registration with the SFDA.
+Added: announced in May 2022, we began the process of winding down our operations in the EU and discontinued Neutrolin sales in both the EU
+Added: and the Middle East at the end of 2022.
+Added: our inception, our operations have been primarily limited to conducting clinical trials and establishing manufacturing for our product
+Added: candidates, licensing product candidates, business and financial planning, research and development, seeking regulatory approval for
+Added: our products, initial commercialization activities for DefenCath in the U.S.
+Added: and Neutrolin in the EU and other foreign markets, and maintaining
+Added: and improving our patent portfolio.
+Added: We have funded our operations primarily through debt and equity financings.
+Added: have generated significant losses to date, and we expect to use substantial amounts of cash for our operations as we prepare our pre-launch
+Added: commercial activities for DefenCath for the U.S.
+Added: market and commercialize Neutrolin in the EU and other foreign markets, pursue business
+Added: development activities, and incur additional legal costs to defend our intellectual property.
+Added: As of December 31, 2022, we had an
+Added: accumulated deficit of approximately $275.4 million.
+Added: We are unable to predict the extent of any future losses or when we will
+Added: become profitable, if ever.
+Added: Operations Overview
+Added: have not generated substantial revenue since our inception.
+Added: Through December 31, 2022, we have funded our operations primarily through
+Added: debt and equity financings.
+Added: and Development Expense
+Added: and development, or R&D, expense consists of:
(i) internal costs associated with our development activities;
−Removed: (ii) payments we make to third party contract research organizations,
−Removed: contract manufacturers, investigative sites, and consultants;
−Removed: (iii) technology and intellectual property license costs;
−Removed: (iv) manufacturing
−Removed: development costs;
−Removed: (v) personnel related expenses, including salaries, stock–based compensation expense, benefits, travel and related
−Removed: costs for the personnel involved in drug development;
−Removed: (vi) activities relating to regulatory filings and the advancement of our product
−Removed: candidates through pre-clinical studies and clinical trials;
−Removed: (vii) facilities and other allocated expenses, which include direct and
−Removed: allocated expenses for rent, facility maintenance, as well as laboratory and other supplies;
−Removed: and (viii) costs related to the manufacturing
−Removed: of the product that could potentially be available to support the commercial launch prior to marketing approval.
−Removed: All R&D is expensed
−Removed: Conducting a significant amount of development
−Removed: is central to our business model.
−Removed: Product candidates in later-stage clinical development generally have higher development costs than
−Removed: those in earlier stages of development, primarily due to the significantly increased size and duration of the clinical trials.
−Removed: The process of conducting pre-clinical studies
−Removed: and clinical trials necessary to obtain regulatory approval is costly and time consuming.
−Removed: The probability of success for each product
−Removed: candidate and clinical trial may be affected by a variety of factors, including, among others, the quality of the product candidate’s
−Removed: early clinical data, investment in the program, competition, manufacturing capabilities and commercial viability.
−Removed: As a result of the
−Removed: uncertainties associated with clinical trial enrollments and the risks inherent in the development process, we are unable to determine
−Removed: the duration and completion costs of current or future clinical stages of our product candidates or when, or to what extent, we will
−Removed: generate revenues from the commercialization and sale of any of our product candidates.
−Removed: Development timelines, probability of success
−Removed: and development costs vary widely.
−Removed: We are currently focused on securing the marketing approval for DefenCath in the U.S.
−Removed: as well as on
−Removed: continuing sales in foreign markets where Neutrolin is approved.
−Removed: In December 2015, we signed an agreement with a clinical research organization,
−Removed: or CRO, to help us conduct our LOCK-IT-100 Phase 3 clinical trial in hemodialysis patients with central venous catheters to demonstrate
−Removed: the efficacy and safety of DefenCath in preventing catheter-related bloodstream infections and blood clotting in subjects receiving hemodialysis
−Removed: therapy as treatment for end stage renal disease.
−Removed: Our LOCK-IT-100 study was completed and all costs related to the agreement with the
−Removed: CRO has been paid .
−Removed: We are pursuing additional opportunities to generate
−Removed: value from taurolidine, an active component of DefenCath.
−Removed: Based on initial feasibility work, we have completed an initial round of pre-clinical
−Removed: studies for taurolidine-infused surgical meshes, suture materials, and hydrogels, which require a PMA regulatory pathway for approval.
−Removed: We are also involved in a pre-clinical research collaboration for the use of taurolidine as a possible treatment for rare orphan pediatric
−Removed: In February 2018, the FDA granted orphan drug designation to taurolidine for the treatment of neuroblastoma in children.
−Removed: seek one or more strategic partners or other sources of capital to help us develop and commercialize taurolidine for the treatment of
−Removed: neuroblastoma in children.
−Removed: Selling, General and Administrative Expense
−Removed: Selling, general and administrative, or SG&A,
−Removed: expense includes costs related to commercial personnel, medical education professionals, marketing and advertising, salaries and other
−Removed: related costs, including stock-based compensation expense, for persons serving in our executive, sales, finance and accounting functions.
−Removed: Other SG&A expense includes facility-related costs not included in R&D expense, promotional expenses, costs associated with industry
−Removed: and trade shows, and professional fees for legal services and accounting services.
−Removed: Foreign Currency Exchange Transaction Gain (Loss)
−Removed: Foreign currency exchange transaction gain (loss) is the result of
−Removed: re-measuring transactions denominated in a currency other than our functional currency and is reported in the consolidated statement of
−Removed: operations as a separate line item within other income (expense).
−Removed: The intercompany loans outstanding between our Company based in New
−Removed: Jersey and our subsidiary based in Germany are not expected to be repaid in the foreseeable future and the nature of the funding advanced
−Removed: is of a long-term investment nature.
−Removed: As such, unrealized foreign exchange movements related to long-term intercompany loans are recorded
−Removed: in other comprehensive income (loss).
−Removed: Interest Income
−Removed: Interest income consists of interest earned on
−Removed: our cash equivalents and short-term investments.
−Removed: Interest Expense
−Removed: Interest expense consists of interest incurred
−Removed: on our convertible debt, amortization of debt discount and on financing of expenditures.
−Removed: Results of Operations
−Removed: Comparison of the Years Ended December 31, 2021 and 2020
−Removed: The following is a tabular
−Removed: presentation of our consolidated operating results for the years ended December 31, 2021 and 2020 (in thousands) :
+Added: (ii) payments we make
+Added: to third party contract research organizations, contract manufacturers, investigative sites, and consultants;
+Added: (iii) technology and intellectual
+Added: property license costs;
+Added: (iv) manufacturing development costs;
+Added: (v) personnel related expenses, including salaries, stock–based compensation
+Added: expense, benefits, travel and related costs for the personnel involved in drug development;
+Added: (vi) activities relating to regulatory filings
+Added: and the advancement of our product candidates through pre-clinical studies and clinical trials;
+Added: (vii) facilities and other allocated
+Added: expenses, which include direct and allocated expenses for rent, facility maintenance, as well as laboratory and other supplies;
+Added: costs related to the manufacturing of the product that could potentially be available to support the commercial launch prior to marketing
+Added: All R&D is expensed as incurred.
+Added: a significant amount of development is central to our business model.
+Added: Product candidates in later-stage clinical development generally
+Added: have higher development costs than those in earlier stages of development, primarily due to the significantly increased size and duration
+Added: of the clinical trials.
+Added: process of conducting pre-clinical studies and clinical trials necessary to obtain regulatory approval is costly and time consuming.
+Added: The probability of success for each product candidate and clinical trial may be affected by a variety of factors, including, among others,
+Added: the quality of the product candidate’s early clinical data, investment in the program, competition, manufacturing capabilities
+Added: and commercial viability.
+Added: As a result of the uncertainties associated with clinical trial enrollments and the risks inherent in the development
+Added: process, we are unable to determine the duration and completion costs of current or future clinical stages of our product candidates
+Added: or when, or to what extent, we will generate revenues from the commercialization and sale of any of our product candidates.
+Added: timelines, probability of success and development costs vary widely.
+Added: We are currently focused on securing the marketing approval for
+Added: DefenCath in the U.S.
+Added: In December 2015, we signed an agreement with a clinical research organization, or CRO, to help us conduct our
+Added: LOCK-IT-100 Phase 3 clinical trial in hemodialysis patients with central venous catheters to demonstrate the efficacy and safety of DefenCath
+Added: in preventing catheter-related bloodstream infections and blood clotting in subjects receiving hemodialysis therapy as treatment for
+Added: end stage renal disease.
+Added: Our LOCK-IT-100 study was completed and all costs related to the agreement with the CRO has been paid .
+Added: are pursuing additional opportunities to generate value from taurolidine, an active component of DefenCath.
+Added: Based on initial feasibility
+Added: work, we have completed an initial round of pre-clinical studies for taurolidine-infused surgical meshes, suture materials, and hydrogels,
+Added: which require a PMA regulatory pathway for approval.
+Added: We are also involved in a pre-clinical research collaboration for the use of taurolidine
+Added: as a possible treatment for rare orphan pediatric tumors.
+Added: In February 2018, the FDA granted orphan drug designation to taurolidine for
+Added: the treatment of neuroblastoma in children.
+Added: We may seek one or more strategic partners or other sources of capital to help us develop
+Added: and commercialize taurolidine for the treatment of neuroblastoma in children.
+Added: General and Administrative Expense
+Added: general and administrative, or SG&A, expense includes costs related to commercial personnel, medical education professionals, marketing
+Added: and advertising, salaries and other related costs, including stock-based compensation expense, for persons serving in our executive,
+Added: sales, finance and accounting functions.
+Added: Other SG&A expense includes facility-related costs not included in R&D expense, promotional
+Added: expenses, costs associated with industry and trade shows, and professional fees for legal services and accounting services.
+Added: Currency Exchange Transaction Gain (Loss)
+Added: currency exchange transaction gain (loss) is the result of re-measuring transactions denominated in a currency other than our functional
+Added: currency and is reported in the consolidated statement of operations as a separate line item within other income (expense).
+Added: The intercompany
+Added: loans outstanding between our Company based in New Jersey and our subsidiary based in Germany are not expected to be repaid in the foreseeable
+Added: future and the nature of the funding advanced is of a long-term investment nature.
+Added: As such, unrealized foreign exchange movements related
+Added: to long-term intercompany loans are recorded in other comprehensive income (loss).
+Added: income consists of interest earned on our cash equivalents and short-term investments.
+Added: expense consists of interest incurred on financing of expenditures.
+Added: of Operations
+Added: of the Years Ended December 31, 2022 and 2021
+Added: following is a tabular presentation of our consolidated operating results for the years ended December 31, 2022 and 2021 (in thousands) :
Cost of sales
11 unchanged sentences
Comprehensive loss
−Removed: Revenue for the year ended December
−Removed: 31, 2021 was $191,000 as compared to $239,000 for the same period in 2020, a decrease of $48,000.
−Removed: The decrease was attributable to lower
−Removed: sales in the Middle East and European Union countries in 2021 as compared to the same period in 2020.
−Removed: Cost of Sales.
−Removed: Cost of sales for the year
−Removed: ended December 31, 2021 was $149,000 as compared to $205,000 for the same period in 2020, a decrease of $56,000.
−Removed: The decrease was primarily
−Removed: attributable to the net decrease in cost of materials as a result of lower sales in 2021 as compared to the same period in 2020.
−Removed: Research and Development Expense .
−Removed: expense for the year ended December 31, 2021 was $13,133,000, a decrease of $244,000 from $13,377,000 for the same period in 2020.
−Removed: decrease was driven by net decreases in costs related to the manufacturing of DefenCath prior to its potential marketing approval of $1,489,000
−Removed: and a reduction in clinical trial expenses of $444,000, attributable to the closing of our LOCK-IT clinical trial.
−Removed: These decreases were
−Removed: partially offset, among others of lesser significance, by increases in non-cash charges for stock-based compensation of $704,000, an increase
−Removed: in consulting fees of $554,000, driven by fees related to the resubmission of the DefenCath NDA to the FDA, and an increase in personnel
−Removed: expenses of $487,000, as a result of additional hires during the fourth quarter of 2020 through the first half of 2021.
−Removed: Selling, General and Administrative Expense .
−Removed: SG&A expense for the year ended December 31, 2021 was $16,346,000, an increase of $2,468,000 from $13,878,000 for the same period
−Removed: The increase was primarily attributable to an increase in non-cash charges for stock-based compensation of $1,839,000, and an
−Removed: increase in personnel expenses of $1,237,000, as a result of additional hires during the fourth quarter of 2020 through the first half
−Removed: These increases were partially offset, among others of lesser significance, by a decrease in consulting fees of $730,000, and
−Removed: reduced costs related to marketing research studies in preparation for the potential marketing approval of DefenCath of $202,000.
−Removed: Interest Income .
−Removed: Interest income for the
−Removed: year ended December 31, 2021 was $14,000, a decrease of $102,000 from $116,000 for the same period in 2020.
−Removed: The decrease was attributable
−Removed: to lower interest rates this year as compared to the same period last year.
−Removed: Foreign Exchange Transaction Loss .
−Removed: exchange transaction losses for the year ended December 31, 2021 and 2020 were due to the re-measuring of transactions denominated in
−Removed: a currency other than our functional currency.
−Removed: Interest Expense .
−Removed: Interest expense for
−Removed: the year ended December 31, 2021 was $16,000 as compared to $33,000 for the same period in 2020.
−Removed: The decrease of $17,000 was due primarily
−Removed: to lower interest rates on expenses that were financed this year as compared to the same period last year.
−Removed: Tax benefit for the years
−Removed: ended December 31, 2021 of $1,250,000 and December 31, 2020 of $5,169,000, represents income tax benefits due to the sale of our unused
−Removed: NOL for state fiscal year 2021 and 2020, respectively, through the NJEDA Technology Business Tax Certificate Transfer program.
−Removed: Other Comprehensive Income (Loss) .
−Removed: foreign exchange movements related to long-term loans and the translation of the foreign affiliate financial statements to U.S.
−Removed: and unrealized movements related to short term investment are recorded in other comprehensive income (loss) which resulted in a loss
−Removed: of $15,000 and a gain of $5,000 for the years ended December 31, 2021 and 2020, respectively.
−Removed: Liquidity and Capital Resources
−Removed: Sources of Liquidity
−Removed: As a result of our cost of sales, R&D and SG&A
−Removed: expenditures and the lack of substantial product sales revenue, our ongoing operations have not been profitable since our inception.
−Removed: the year ended December 31, 2021, we received net proceeds of $41,456,000 from the issuance of 3,737,862 shares of common stock under
−Removed: our at-the-market-issuance sales agreement as compared to $18,433,000 of net proceeds for the same period in 2020 from the issuance of
−Removed: 2,687,646 shares of common stock.
−Removed: Additionally, we also received $165,000 and $412,000 from the exercise of warrants during the years
−Removed: ended December 31, 2021 and 2020, respectively.
−Removed: We will continue to be reliant on external sources of cash for the foreseeable future
−Removed: until we are able to generate revenue.
−Removed: In June 2021, we received approximately $1,250,000,
−Removed: net of expenses, from the sale of our unused New Jersey NOL eligible for sale under the NJEDA Program.
−Removed: The NJEDA Program allowed us to
−Removed: sell approximately $1,250,000 of our total $1,337,000 in available NOL tax benefits for the state fiscal year 2020.
−Removed: The NJEDA has approved our application to participate
−Removed: in the NJEDA Program for the state fiscal year 2021.
−Removed: The approval will allow us to sell approximately $0.6 million of the total $0.6
−Removed: million in available tax benefits to an unrelated, profitable New Jersey corporation in return for approximately $0.6 million in cash.
−Removed: Closing is subject to NJEDA’s typical closing conditions, which are in process of completion.
−Removed: Net Cash Used in Operating Activities
−Removed: Net cash used in operating activities for the
−Removed: year ended December 31, 2021 was $21,155,000 as compared to $21,968,000 in 2020, a decrease in net cash use of $813,000.
−Removed: was driven by an increase in accounts payable of $1,082,000 as compared to $103,000 for the same period in 2020, partially offset by
−Removed: an increase in net loss of $6,182,000 mainly attributable to lower cash received from the NOL sale of $1,250,000 as compared to $5,169,000
+Added: Revenue for the year ended December 31, 2022 was $65,000 as compared to $191,000 for the same period in 2021, a decrease of $126,000.
+Added: The decrease was attributable to lower sales in 2022 as compared to the same period in 2021, as a result of the winding down of our operations
+Added: in the EU and the discontinuance of Neutrolin sales in both the EU and the Middle East.
+Added: Cost of sales for the year ended December 31, 2022 was $4,000 as compared to $149,000 for the same period in 2021, a decrease
+Added: The decrease was primarily attributable to the net decrease in cost of materials due to lower sales in 2022 as compared
+Added: to the same period in 2021, as a result of the winding down of our operations in the EU and the discontinuance of Neutrolin sales in
+Added: both the EU and the Middle East.
+Added: and Development Expense .
+Added: R&D expense for the year ended December 31, 2022 was $10,680,000, a decrease of $2,453,000 from $13,133,000
for the same period in 2021.
−Removed: In addition, the decrease was also offset by a decrease in prepaid expenses and other current assets for
−Removed: the year ended December 31, 2021 of $667,000, primarily due to a deposit on the equipment, compared to a $992,000 increase for the same
+Added: The decrease was driven by a decrease in personnel expenses of $731,000, as a result of lower R&D headcount
+Added: in 2022 as compared to 2021, net decreases in costs related to the manufacturing of DefenCath prior to its potential marketing approval
+Added: of $617,000, and a decrease in consulting fees of $591,000, attributable to lower costs related to the resubmission of the DefenCath
+Added: NDA to the FDA.
+Added: Additionally, there was also a decrease of $352,000 in non-cash charges for stock-based compensation.
+Added: General and Administrative Expense .
+Added: SG&A expense for the year ended December 31, 2022 was $20,006,000, an increase of $3,660,000
+Added: from $16,346,000 for the same period in 2021.
+Added: The increase was primarily attributable to an increase in costs related to market research
+Added: studies and pre-launch activities in preparation for the potential marketing approval of DefenCath of $2,982,000 and an increase in legal
+Added: fees of $1,175,000, mainly due to securities litigation.
+Added: There was also an increase in personnel expenses of $382,000, as a result of
+Added: additional SG&A hires in 2022 as compared to 2021.
+Added: These increases were partially offset, among others of lesser significance, a
+Added: decrease in non-cash charges for stock-based compensation of $622,000, a decrease in consulting fees of $412,000.
+Added: Interest income for the year ended December 31, 2022 was $326,000, an increase of $312,000 from $14,000 for the same period
+Added: The increase was attributable to higher interest rates this year as compared to the same period last year.
+Added: Exchange Transaction Income (Loss) .
+Added: Foreign exchange transaction income (losses) for the year ended December 31, 2022 and 2021 were
+Added: due to the re-measuring of transactions denominated in a currency other than our functional currency.
+Added: Interest expense for the year ended December 31, 2022 was $26,000 as compared to $16,000 for the same period in 2021.
+Added: increase of $10,000 was due primarily to higher interest rates on expenses that were financed this year as compared to the same period
+Added: Tax benefits for the years ended December 31, 2022 and 2021 of $586,000 and $1,250,000, respectively, was an income tax
+Added: benefit due to the sale of our unused NOL for the state fiscal years 2021 and 2020, respectively, through the NJEDA Program.
+Added: Comprehensive Income (Loss) .
+Added: Unrealized foreign exchange movements related to long-term loans and the translation of the foreign
+Added: affiliate financial statements to U.S.
+Added: dollars and unrealized movements related to short term investment are recorded in other comprehensive
+Added: income (loss) which resulted in a loss of $4,000 and $15,000 for the years ended December 31, 2022 and 2021, respectively.
+Added: and Capital Resources
+Added: a result of our cost of sales, R&D and SG&A expenditures and the lack of substantial product sales revenue, our ongoing operations
+Added: have not been profitable since our inception.
+Added: During the year ended December 31, 2022, we received net proceeds of $17,770,000 from the
+Added: issuance of 4,704,259 shares of common stock under our at-the-market-issuance sales agreement as compared to $41,456,000 of net proceeds
+Added: for the same period in 2021 from the issuance of 3,737,862 shares of common stock.
+Added: Additionally, we also received $129,000 and $165,000
+Added: from the exercise of warrants during the years ended December 31, 2022 and 2021, respectively.
+Added: We will continue to be reliant on external
+Added: sources of cash for the foreseeable future until we are able to generate revenue.
+Added: Cash Used in Operating Activities
+Added: cash used in operating activities for the year ended December 31, 2022 was $24,357,000 as compared to $21,155,000 in 2021, an increase
+Added: in net cash use of $3,202,000.
+Added: The increase is primarily driven by an increase in net loss of $1,492,000, attributable to a net increase
+Added: in operating expenses of $1,206,000, and lower net proceeds from tax benefits of $586,000 as compared to $1,250,000 for the same period
+Added: Additionally, the increase in net cash used in operating activities for the twelve months ended December 31, 2022 was due to
+Added: a decrease in accounts payable of $7,000 as compared to an increase of $1,082,000 for the same period in 2021, and a decrease in prepaid
+Added: expense and other current assets of $187,000 as compared to $667,000 last year, offset by an increase in accrued expenses of $962,000
+Added: compared to $94,000 for the same period in 2021.
+Added: Cash (Used in) Provided by Investing Activities
+Added: used in investing activities for the year ended December 31, 2022 was $3,709,000 as compared to $9,135,000 of cash provided in the same
period in 2021.
−Removed: Net Cash (Used in) Provided by Investing Activities
−Removed: Cash used in investing activities for the year
−Removed: ended December 31, 2021 was $9,135,000 as compared to $7,426,000 of cash provided in the same period in 2020.
−Removed: The net cash used during
−Removed: the year ended December 31, 2021 was mainly driven by the higher amount invested in short-term investments in addition to an increase
−Removed: in purchases of equipment offset by the lower amount of matured investments as compared to the same period in 2020.
−Removed: Net Cash Provided by Financing Activities
−Removed: Net cash provided by financing activities for
−Removed: the year ended December 31, 2021 was $41,758,000 as compared to $40,100,000 for the same period in 2020.
−Removed: During the year ended December
−Removed: 31, 2021, we generated net proceeds of $41,456,000 from the sale of our common stock in our at-the-market, or ATM program, $165,000 from
−Removed: the exercise of warrants and $137,000 from the exercise of stock options.
−Removed: In the same period in 2020, we generated net proceeds of $21,255,000
−Removed: from the underwritten public offering of our common stock, $18,433,000 from the sale of our common stock in our ATM program, and $412,000
−Removed: from the exercise of warrants.
−Removed: Funding Requirements and Liquidity
−Removed: Our total cash and cash equivalents and short-term
−Removed: investments as of December 31, 2021 and 2020, excluding restricted cash of $234,000 and $191,000, respectively, was $65,466,000 and $46,350,000,
−Removed: respectively.
−Removed: During the year ended December 31, 2021, we realized net proceeds of $41,456,000 from the sale of 3,737,862 shares of common
−Removed: stock under our ATM program.
−Removed: At December 31, 2021, we have $150,000,000 available under our shelf registration statement filed on August
−Removed: 12, 2021 for the issuance of equity, debt or equity-linked securities and $50,000,000 under our ATM program, filed on August 12, 2021.
−Removed: Because our business has not generated positive
−Removed: operating cash flow, we will need to raise additional capital in order to continue to fund our research and development activities, as
−Removed: well as to fund operations generally.
−Removed: Our continued operations are focused primarily in activities leading to the pre-launch and commercialization
−Removed: for DefenCath and will depend on our ability to raise sufficient funds through various potential sources, such as equity, debt financings,
−Removed: and/or strategic relationships and potential strategic transactions.
−Removed: We can provide no assurances that financing or strategic relationships
−Removed: will be available on acceptable terms, or at all.
−Removed: We expect to continue to fund operations from
−Removed: cash on hand and through capital raising sources as previously described, which may be dilutive to existing stockholders, through revenues
−Removed: from the licensing of our products, or through strategic alliances.
−Removed: We expect to continue to utilize our ATM program, if conditions allow,
−Removed: to support our ongoing funding requirements.
−Removed: Additionally, we may seek to sell additional equity or debt securities through one or more
−Removed: discrete transactions, or enter into a strategic alliance arrangement, but can provide no assurances that any such financing or strategic
−Removed: alliance arrangement will be available on acceptable terms, or at all.
−Removed: Moreover, the incurrence of indebtedness would result in increased
−Removed: fixed obligations and could contain covenants that would restrict our operations.
−Removed: Raising additional funds through strategic alliance
−Removed: arrangements with third parties may require significant time to complete and could force us to relinquish valuable rights to our technologies,
−Removed: future revenue streams, research programs or product candidates, or to grant licenses on terms that may not be favorable to us or our
−Removed: stockholders.
−Removed: Our actual cash requirements may vary materially from those now planned due to a number of factors, any change in the focus
−Removed: and direction of our research and development programs, any acquisition or pursuit of development of new product candidates, competitive
−Removed: and technical advances, the costs of commercializing any of our product candidates, and costs of filing, prosecuting, defending and enforcing
−Removed: any patent claims and any other intellectual property rights.
−Removed: Sales of Neutrolin outside the U.S.
−Removed: are not expected
−Removed: to generate significant product revenues for the foreseeable future, and we expect to grow product sales for DefenCath in the U.S., should
−Removed: we receive FDA approval.
−Removed: In the absence of significant revenue, we are likely to continue generating operating cash flow deficits.
−Removed: will continue to use cash as we increase other activities leading to the commercialization of DefenCath upon approval, pursue business
−Removed: development activities, and incur additional legal costs to defend our intellectual property.
−Removed: We currently estimate that as of December 31, 2021,
−Removed: we have sufficient cash on hand to fund operations at least through the first half of 2023, after taking into consideration the costs
−Removed: for resubmission of the NDA and initial preparations for the commercial launch for DefenCath.
−Removed: Additional financing may be required to
−Removed: build out our commercial infrastructure following FDA approval and to continue our operations should we decide to market and sell DefenCath
−Removed: If we are unable to raise additional funds when needed, we may be forced to slow or discontinue our preparations
−Removed: for the commercial launch of DefenCath.
−Removed: We may also be required to delay, scale back or eliminate some or all of our research and development
−Removed: Each of these alternatives would likely have a material adverse effect on our business.
−Removed: Contractual Obligations
−Removed: We entered into a seven-year operating lease agreement
−Removed: in March 2020 for an office space at 300 Connell Drive, Berkeley Heights, New Jersey 07922.
−Removed: The lease agreement, with a monthly average
−Removed: cost of approximately $17,000, commenced on September 16, 2020.
−Removed: Our sublease on our previous premises at 400 Connell Drive, Berkeley
−Removed: Heights, New Jersey 07922 terminated on November 30, 2020.
−Removed: Critical Accounting Estimates
−Removed: Our management’s discussion
−Removed: and analysis of our financial condition and results of operations is based on our consolidated financial statements, which have been
−Removed: prepared in accordance with accounting principles generally accepted in the United States, or GAAP.
−Removed: The preparation of these consolidated
−Removed: financial statements requires us to make estimates and judgments that affect the reported amounts of assets, liabilities and expenses.
+Added: The net cash used during the year ended December 31, 2022, was mainly driven by the higher amount invested in short-term
+Added: investments, offset by the higher amount of matured investments and lower purchases of equipment as compared to the same period in 2021.
+Added: Cash Provided by Financing Activities
+Added: cash provided by financing activities for the year ended December 31, 2022 was $17,898,000 as compared to $41,758,000 for the same period
+Added: During the year ended December 31, 2022, we generated net proceeds of $17,770,000 from the sale of our common stock in our at-the-market,
+Added: or ATM program, and $129,000 from the exercise of warrants.
+Added: In the same period in 2021, we generated net proceeds of $41,456,000 from
+Added: the sale of our common stock in our ATM program, $165,000 from the exercise of warrants and $137,000 from the exercise of stock options.
+Added: Requirements and Liquidity
+Added: total cash and cash equivalents and short-term investments as of December 31, 2022 and 2021, excluding restricted cash of $226,000 and
+Added: $234,000, respectively, was $58,792,000 and $65,466,000, respectively.
+Added: During the year ended December 31, 2022, we realized net proceeds
+Added: of $17,770,000 from the sale of 4,704,259 shares of common stock under our ATM program.
+Added: At December 31, 2022, we have $150,000,000 available
+Added: under our shelf registration statement filed on August 12, 2021 for the issuance of equity, debt or equity-linked securities and $31,640,000
+Added: under our ATM program, filed in November 2020.
+Added: our business has not generated positive operating cash flow, we will likely need to raise additional capital in order to continue to
+Added: fund our research and development activities, as well as to fund operations generally.
+Added: Our continued operations are focused
+Added: primarily in activities leading to the pre-launch and commercialization for DefenCath and will depend on our ability to raise
+Added: sufficient funds through various potential sources, such as equity, debt financings, and/or strategic relationships and potential
+Added: strategic transactions.
+Added: We can provide no assurances that financing or strategic relationships will be available on acceptable
+Added: terms, or at all.
+Added: expect to continue to fund operations from cash on hand and through capital raising sources as previously described, which may be dilutive
+Added: to existing stockholders, through revenues from the licensing of our products, or through strategic alliances.
+Added: We expect to continue
+Added: to utilize our ATM program, if conditions allow, to support our ongoing funding requirements.
+Added: Additionally, we may seek to sell additional
+Added: equity or debt securities through one or more discrete transactions, or enter into a strategic alliance arrangement, but can provide
+Added: no assurances that any such financing or strategic alliance arrangement will be available on acceptable terms, or at all.
+Added: Moreover, the
+Added: incurrence of indebtedness would result in increased fixed obligations and could contain covenants that would restrict our operations.
+Added: Raising additional funds through strategic alliance arrangements with third parties may require significant time to complete and could
+Added: force us to relinquish valuable rights to our technologies, future revenue streams, research programs or product candidates, or to grant
+Added: licenses on terms that may not be favorable to us or our stockholders.
+Added: Our actual cash requirements may vary materially from those now
+Added: planned due to a number of factors, any change in the focus and direction of our research and development programs, any acquisition or
+Added: pursuit of development of new product candidates, competitive and technical advances, the costs of commercializing any of our product
+Added: candidates, and costs of filing, prosecuting, defending and enforcing any patent claims and any other intellectual property rights.
+Added: of Neutrolin outside the U.S.
+Added: are not expected to generate significant product revenues for the foreseeable future, and we expect to
+Added: grow product sales for DefenCath in the U.S., should we receive FDA approval.
+Added: In the absence of significant revenue, we are likely to
+Added: continue generating operating cash flow deficits.
+Added: We will continue to use cash as we increase other activities leading to the commercialization
+Added: of DefenCath upon approval, pursue business development activities, and incur additional legal costs to defend our intellectual property.
+Added: currently estimate that as of December 31, 2022, we have sufficient cash to fund operations for at least twelve months from the issuance
+Added: of this Annual Report on Form 10-K, after taking into consideration the costs for resubmission of the NDA and initial preparations for
+Added: the commercial launch for DefenCath.
+Added: Additional financing will likely be needed to build out our commercial infrastructure following
+Added: FDA approval and to continue our operations should we decide to market and sell DefenCath in the U.S.
+Added: If we are unable to
+Added: raise additional funds when needed, we may be forced to slow or discontinue our preparations for the commercial launch of DefenCath.
+Added: We may also be required to delay, scale back or eliminate some or all of our research and development programs.
+Added: Each of these alternatives
+Added: would likely have a material adverse effect on our business.
+Added: entered into a seven-year operating lease agreement in March 2020 for an office space at 300 Connell Drive, Berkeley Heights, New Jersey
+Added: The lease agreement, with a monthly average cost of approximately $17,000, commenced on September 16, 2020.
+Added: Accounting Estimates
+Added: management’s discussion and analysis of our financial condition and results of operations is based on our consolidated financial
+Added: statements, which have been prepared in accordance with accounting principles generally accepted in the United States, or GAAP.
+Added: The preparation
+Added: of these consolidated financial statements requires us to make estimates and judgments that affect the reported amounts of assets, liabilities
+Added: and expenses.
On an ongoing basis, we evaluate these estimates and judgments, including those described below.
−Removed: We base our estimates on our historical
−Removed: experience and on various other assumptions that we believe to be reasonable under the circumstances.
−Removed: These estimates and assumptions
−Removed: form the basis for making judgments about the carrying values of assets and liabilities that are not readily apparent from other sources.
+Added: We base our estimates
+Added: on our historical experience and on various other assumptions that we believe to be reasonable under the circumstances.
+Added: These estimates
+Added: and assumptions form the basis for making judgments about the carrying values of assets and liabilities that are not readily apparent
+Added: from other sources.
Actual results and experiences may differ materially from these estimates.
−Removed: While our significant accounting
−Removed: policies are more fully described in Note 3 to our financial statements included with this report, we believe that the following accounting
−Removed: policies are the most critical to aid you in fully understanding and evaluating our reported financial results and affect the more significant
−Removed: judgments and estimates that we use in the preparation of our financial statements.
−Removed: Stock-Based Compensation
−Removed: We account for stock options according to the
−Removed: Financial Accounting Standards Board (“FASB”) Accounting Standards Codification (“ASC”) No.
−Removed: 718, “Compensation
−Removed: — Stock Compensation” (“ASC 718”).
−Removed: Share-based compensation cost is measured at grant date, based on the
−Removed: estimated fair value of the award using a Black-Scholes option pricing model for options with service or performance-based conditions.
−Removed: Stock-based compensation cost is recognized as expense, over the requisite service period on a straight-line basis.
−Removed: Valuations incorporate several variables, including
−Removed: expected term, expected volatility, expected dividend yield and a risk-free interest rate.
−Removed: We estimate the expected term of the
−Removed: options granted based on anticipated exercises in future periods.
−Removed: The expected stock price volatility for the Company’s stock options
−Removed: is calculated based on the historical volatility of the Company’s common stock.
−Removed: The expected dividend yield reflects our current
−Removed: and expected future policy for dividends on our common stock.
−Removed: To determine the risk-free interest rate, we utilize the U.S.
−Removed: yield curve in effect at the time of grant with a term consistent with the expected term of our awards which is 5 years for employees
−Removed: and 10 years for non-employees.
−Removed: Recently Adopted Authoritative Pronouncements:
−Removed: In December 2019, the FASB
−Removed: issued ASU 2019-12 which removes certain exceptions to the general principles of the accounting for income taxes and also improves consistent
−Removed: application of and simplification of other areas when accounting for income taxes.
−Removed: The guidance was effective for us beginning in the
−Removed: first quarter of fiscal year 2021.
−Removed: Early adoption was permitted.
−Removed: This adoption on January 1, 2021 did not have a material impact on our
−Removed: consolidated financial statements.
+Added: our significant accounting policies are more fully described in Note 3 to our financial statements included with this report, we believe
+Added: that the following accounting policies are the most critical to aid you in fully understanding and evaluating our reported financial
+Added: results and affect the more significant judgments and estimates that we use in the preparation of our financial statements.
+Added: account for stock options according to the Financial Accounting Standards Board (“FASB”) Accounting Standards Codification
+Added: 718, “Compensation — Stock Compensation” (“ASC 718”).
+Added: Share-based compensation
+Added: cost is measured at grant date, based on the estimated fair value of the award using a Black-Scholes option pricing model for options
+Added: with service or performance-based conditions.
+Added: Stock-based compensation cost is recognized as expense, over the requisite service period
+Added: on a straight-line basis.
+Added: incorporate several variables, including expected term, expected volatility, expected dividend yield and a risk-free interest rate.
+Added: estimate the expected term of the options granted based on anticipated exercises in future periods.
+Added: The expected stock price volatility
+Added: for the Company’s stock options is calculated based on the historical volatility of the Company’s common stock.
+Added: dividend yield reflects our current and expected future policy for dividends on our common stock.
+Added: To determine the risk-free interest
+Added: rate, we utilize the U.S.
+Added: Treasury yield curve in effect at the time of grant with a term consistent with the expected term of our awards
+Added: which is 5 years for employees and 10 years for non-employees.
Quantitative and Qualitative Disclosures About Market Risk
−Removed: Not applicable.
Financial Statements and Supplementary Data
−Removed: See the financial statements included at the end
−Removed: of this report beginning on page F-1.
+Added: the financial statements included at the end of this Annual Report on Form 10-K beginning on page F-1.
Changes in and Disagreements With Accountants on Accounting and Financial Disclosure
−Removed: Not applicable.
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.