Legal Proceedings.
+Added: Fennec Pharmaceuticals Inc.
On September 2, 2020, a putative class action lawsuit, Chapman v.
11 unchanged sentences
Failure by us to obtain a favorable resolution of the suit could have a material adverse effect on our business, results of operations and financial condition.
−Removed: We have not recorded a liability as of June 30, 2021, because we believe a potential loss is not probable or reasonably estimable given the preliminary nature of the proceedings.
+Added: We have not recorded a liability as of September 30, 2021, because we believe a potential loss is not probable or reasonably estimable given the preliminary nature of the proceedings.
+Added: Hope Medical Enterprises, Inc.
+Added: On October 29, 2021, Hope Medical Enterprises, Inc.
+Added: (Hope) filed two (2) petitions for inter partes review (IPR) with the Patent Trial and Appeal Board (PTAB) of the U.S.
+Added: Patent and Trademark Office.
+Added: In its petitions, Hope seeks to invalidate U.S.
+Added: 10,596,190 (US ‘190), which relates to a method of using our PEDMARK™ product, and U.S.
+Added: 10,792,363 (US ’363), which relates to an anhydrous form of sodium thiosulfate (STS), which is the active pharmaceutical ingredient in our PEDMARK™ product.
+Added: The US ‘190 was issued on March 24, 2020.
+Added: The US ‘363 was issued on October 6, 2020.
+Added: We will have an initial deadline in February 2022, to file preliminary responses to the petitions, if we choose to file responses, and thereafter, the PTAB has three (3) months to decide whether to institute IPR proceedings.
+Added: If the PTAB institutes one or both reviews, the final written decision(s) will be due about one (1) year after the PTAB’s decision to institute IPR proceedings, and following additional submissions by the parties.
+Added: Any appeals of a PTAB decision would delay any final outcome.
+Added: Fennec plans to vigorously defend our intellectual property rights related to PEDMARK™.
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.