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• A security breach or other significant disruption to our information technology systems could materially disrupt our operations or result in the unauthorized disclosure of sensitive information.”
+Added: • If we are found to have violated laws concerning the privacy and security of patient health information or other personal information, civil or criminal penalties could increase our liabilities and harm our business.
• We may be unable to retain and motivate our senior management or recruit additional qualified personnel.
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• New products or modifications to our existing products may require new regulatory approvals, or require us to cease marketing or recall modified products.
+Added: • If we or our third-party suppliers, contract manufacturers or service providers fail to comply with manufacturing regulations, it could impair our ability to market our products.
• A recall of our products, or the discovery of safety issues with our products, could have a negative impact on us.
7 unchanged sentences
• We may fail to maintain an effective system of internal control over financial reporting.
+Added: • We may be at increased risk of securities class action litigation.
Risks Related to Our Convertible Senior Notes
4 unchanged sentences
• Conversion of the Notes may dilute the ownership interest of existing stockholders.
+Added: • The Capped Call Transactions may affect the value of the Notes and our common stock.
+Added: • We are subject to counterparty risk with respect to the Capped Call Transactions.
Risks Related to Our Business and Our Industry
1 unchanged sentence
Since our inception in January 2006, we have incurred a significant net loss.
−Removed: As of March 31, 2021, we had an accumulated deficit of $655.2 million.
+Added: As of June 30, 2021, we had an accumulated deficit of $651.2 million.
To date, we have funded our operations primarily through cash collected from product sales, private and public offerings of our equity securities, and debt financing.
2 unchanged sentences
The t:slim X2 insulin pump now represents 100% of new pump shipments.
−Removed: Until the third quarter of
−Removed: 2018 we were selling our products only in the United States and have since launched our products in select international geographies.
+Added: Until the third quarter of 2018 we were selling our products only in the United States and have since launched our products in select international geographies.
Since the first quarter of 2013, we have been able to manufacture and sell our insulin pump products at a cost and in volumes sufficient to allow us to achieve a positive overall gross margin.
1 unchanged sentence
Although we have achieved a positive overall gross margin and have substantially reduced our operating loss, we still operate at a net loss on an annual basis and expect that we may continue to do so for the foreseeable future.
−Removed: To implement our business strategy and achieve consistent profitability, we need to, among other things, increase sales of our products and the gross profit associated with those sales, maintain an appropriate customer service and support infrastructure, fund ongoing R&D activities, create additional efficiencies in our manufacturing processes while adding to our capacity, and obtain regulatory clearance or approval to commercialize our products currently under development both domestically and internationally.
+Added: To implement our business strategy and achieve consistent profitability, we need to, among other things, increase sales of our products and the gross profit associated with those sales, maintain an appropriate customer service, training and support infrastructure, fund ongoing R&D activities, create additional efficiencies in our manufacturing processes while adding to our capacity, and obtain regulatory clearance or approval to commercialize our products currently under development both domestically and internationally.
We expect our expenses will continue to increase as we pursue these objectives and make investments in our business.
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Public health threats and other highly communicable diseases and outbreaks could adversely impact our operations, the operations of our customers, suppliers, distributors and other business partners, as well as the healthcare system in general.
−Removed: For example, the COVID-19 global pandemic, which is currently affecting numerous countries throughout the world, has resulted in a rapid and sustained rise in unemployment rates and decreases in global economic activity, and the scope of the COVID-19 global pandemic and its impacts is continuing to fluctuate, and in some instances worsen, in various regions worldwide.
−Removed: While the overall negative impact from the COVID-19 global pandemic is difficult to estimate, we anticipate that our sales and operating results will continue to be adversely impacted in future periods and subject to unpredictable variability.
−Removed: In addition, the rise in unemployment and decreases in economic activity due to the COVID-19 global pandemic may negatively impact the affordability of our products for certain customers, which could reduce demand for our products.
−Removed: Further, certain development activities originally planned to occur during 2020, such as human factors studies associated with our product development efforts and activities to support the manufacturing scale-up for new products, were modified or delayed due impacts of the COVID-19 global pandemic, which has impacted our development timelines and regulatory strategies and also could have a negative impact on our product commercialization efforts and the future demand for our products.
−Removed: The COVID-19 global pandemic, or other similar outbreaks or epidemics, may have an adverse effect on the overall productivity of our workforce, and we expect to continue to take extraordinary measures to protect the health and safety of our employees and our business partners and reduce the risk of disruptions to our operations.
−Removed: For example, we continue to have restrictions on non-essential employee travel and on non-essential visitors to our facilities, and many of our employees who are able to perform their job function outside of our facilities remain in a remote work environment.
+Added: For example, the COVID-19 global pandemic, which is currently affecting numerous countries throughout the world, resulted in a rapid and sustained rise in unemployment rates and decreases in global economic activity.
+Added: While economic activity in the United States began to increase during the second quarter of 2021, the overall scope of the COVID-19 global pandemic and its impacts continue to fluctuate, and in some instances worsen, in various regions worldwide.
+Added: The overall negative impact from the COVID-19 global pandemic is difficult to estimate;
+Added: however, we anticipate that our sales and operating results will continue to be adversely impacted in future periods and subject to unpredictable variability even if travel and social distancing restrictions are lifted.
+Added: In addition, the rise in unemployment and decreases in economic activity in various regions worldwide due to the COVID-19 global pandemic may negatively impact the affordability of our products for certain customers, which could reduce demand for our products.
+Added: Further, certain development activities originally planned to occur during 2020, such as human factors studies associated with our product development efforts and activities to support the manufacturing scale-up for new products, were modified or delayed due to impacts of the COVID-19 global pandemic, which has impacted our development timelines and regulatory strategies and also could have a negative impact on our product commercialization efforts and the future demand for our products.
+Added: The COVID-19 global pandemic, or other similar outbreaks or epidemics, may have an adverse effect on the overall productivity of our workforce, and we expect to continue to take appropriate measures to protect the health and safety of our employees and our business partners and reduce the risk of disruptions to our operations.
+Added: For example, we continue to restrict employee travel and limit visitors to our facilities, and many of our employees who are able to perform their job function outside of our facilities remain in a remote work environment.
For our field-based sales and clinical employees, we initially discontinued all in-person activities and began utilizing technology to remotely engage healthcare providers and customers.
−Removed: Where permitted, in-person activities have resumed on a limited basis, though the scope and scale have been limited and we still rely heavily on remote engagement.
−Removed: For our employees in manufacturing and warehousing positions involved in production and fulfillment operations, we have implemented health and safety protocols in compliance with applicable government orders and expert agency guidance, to include physical distancing requirements, requiring temperature checks for our employees before each shift, and other safety measures.
−Removed: We have also increased our staffing in certain operations in order to mitigate potential risks associated with increases in unplanned employee absences or illness.
−Removed: Our adoption of these preventive measures has resulted in incremental costs that have negatively impacted our gross margin, and the impacts could be more significant in future periods.
+Added: Where permitted, in-person activities for our field-based sales and clinical employees have resumed on a limited basis and are gradually increasing, though the scope and scale vary by geography and we still rely heavily on remote engagement.
+Added: For our employees in manufacturing and warehousing positions involved in production and fulfillment operations, we have implemented health and safety protocols in compliance with applicable government orders and expert agency guidance.
+Added: We temporarily increased our staffing in certain operations in order to mitigate potential risks associated with increases in unplanned employee absences or illness.
+Added: Our adoption of these preventive measures has resulted in incremental costs that have negatively impacted our gross margin, and could impact future periods.
In addition, for the duration of the COVID-19 global pandemic, some of our employees may be required to continue to operate within a remote work environment for extended periods of time due to illness, travel restrictions, government-imposed orders, school closures or for other reasons, any of which could result in reduced productivity of our workforce.
As the COVID-19 global pandemic improves, we anticipate that more of our employees will return to working in our facilities under modified conditions.
−Removed: We are implementing protocols and safety measures and for the time being are continuing to limit the number of employees allowed in our facilities.
+Added: We are implementing protocols and safety measures and for the time being are continuing to limit the number of employees allowed in our facilities while planning for increased occupancy at a later date.
In addition to the foregoing impacts, disruptions from the COVID-19 global pandemic, or other similar outbreaks or epidemics, could result in delays in or the suspension of our manufacturing operations, research and product development activities, regulatory work streams, clinical development programs and other important commercial functions.
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There can be no assurance our supplier will be able to provide infusion sets in the quantities we require to meet customer demand.
+Added: Additionally, global shortages of semiconductors and copper could limit our insulin pump manufacturing capacity in the future.
If we experience these or similar manufacturing challenges in the future, it could have a negative impact on product sales and harm our reputation.
The full extent of the impact of the COVID-19 global pandemic on our business and operations is highly uncertain and subject to change, and will continue to depend on a number of factors, including the scope and duration of the pandemic.
−Removed: Further spread or escalation of the COVID-19 global pandemic, or even the threat or perception that this could occur, or any protracted duration of decreased economic activity, could have a material adverse impact on our business, operations and financial results and could negatively impact or disrupt our plans to have employees return to our facilities.
+Added: Further spread or escalation of the COVID-19 global pandemic, a resurgence of the pandemic in the United States, or even the threat or perception that this could occur, or any protracted duration of decreased economic activity, could have a material adverse impact on our business, operations and financial results and could negatively impact or disrupt our plans to have employees return to our facilities.
Our ability to maintain and grow our revenue depends in part on retaining a high percentage of our customer base.*
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Our primary competitors are major medical device companies that are publicly traded companies or divisions or subsidiaries of publicly traded companies, including Insulet and Medtronic.
−Removed: In addition, Eli Lilly has announced a collaboration to commercialize an insulin pump currently under development.
+Added: In addition, Eli Lilly has announced a collaboration to commercialize an insulin pump currently under development by a third party.
There are also a number of other companies developing and marketing their own insulin delivery systems and/or related software applications, including insulin pumps and Bluetooth-enabled insulin pens to support MDI therapy.
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In some instances, our competitors offer products that include features that we do not currently offer.
−Removed: For instance, Insulet offers an insulin pump with a tubeless delivery system that does not utilize an infusion set and Medtronic recently announced the acquisition of a connected insulin pen delivery device.
−Removed: Additionally, Medtronic recently announced the launch in some European countries of an infusion set that can be worn for up to seven days.
+Added: For instance, Insulet offers an insulin pump with a tubeless delivery system that does not utilize an infusion set and Medtronic recently completed the acquisition of a connected insulin pen delivery device.
+Added: Additionally, Medtronic recently announced the launch in select European countries of an infusion set that can be worn for up to seven days.
In addition, the competitive environment in which we operate has resulted and may continue to result in competitive pressures on our manufacturers, suppliers, distributors, collaboration partners and other business constituents.
For example, we have entered into development agreements with Dexcom, which provide us non-exclusive licenses to integrate various generations of Dexcom CGM technology with our insulin pump products.
−Removed: In 2017 Abbott launched blood glucose sensors which compete with Dexcom CGMs.
−Removed: In June 2020, we entered into an agreement with Abbott to develop and commercialize integrated diabetes solutions.
+Added: Abbott also offers glucose sensors which compete with Dexcom CGMs.
+Added: In June 2020, we entered into an agreement with Abbott to develop and commercialize integrated diabetes solutions using Abbott’s glucose sensor.
There can be no assurance that our collaborations with Dexcom and Abbott will be successful or that we will not experience delays, business disputes, or other unanticipated challenges.
−Removed: Competitive pressures within our industry, as well as the impacts and disruptions associated with the COVID-19 global pandemic, could negatively impact the financial condition of our business partners and impact their ability to fulfill contractual obligations to us, which could negative impact our product sales, result in delays in obtaining regulatory approvals for new products, harm our reputation, and result in harm to our financial condition and operating results.
+Added: Competitive pressures within our industry, as well as the impacts and disruptions associated with the COVID-19 global pandemic, could negatively impact the financial condition of our business partners and impact their ability to fulfill contractual obligations to us, which could negatively impact our product sales, result in delays in obtaining regulatory approvals for new products, harm our reputation, and result in harm to our financial condition and operating results.
For these and other reasons, we may not be able to compete successfully against our current or potential future competitors, which could have a material adverse impact on our financial condition and operating results.
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It is also possible that consumers interested in purchasing any of our future products currently under development may delay the purchase of one of our current products.
−Removed: We anticipate that customers may delay their purchasing decisions, or physicians may pause prescriptions of our products, as a result of the COVID-19 global pandemic.
+Added: We anticipate that customers may continue to delay their purchasing decisions, or physicians may continue to pause prescriptions of our products, as a result of the COVID-19 global pandemic.
If our insulin pump products do not achieve and maintain widespread market acceptance, we may fail to achieve sales consistent with our projections, in which case our business, financial condition and operating results could be materially and adversely affected.
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In particular, we have limited experience securing reimbursement in international markets.
−Removed: In addition, existing contracts with third-party payors generally can be modified or terminated by the third-party payor without cause and with little or no notice to us.
−Removed: Moreover, compliance with the administrative procedures or requirements may result in increased costs for us and delays in processing approvals by those third-party payors for customers to obtain coverage for our products.
+Added: Government involvement in funding healthcare may limit access to or reimbursement for the Company’s products.
+Added: In addition, existing contracts with third-party payors generally include numerous quality and compliance related requirements, including audit rights, and can be modified or terminated by the third-party payor without cause and with little or no notice to us.
+Added: Our compliance with the administrative procedures or requirements may result in increased costs for us and delays in processing approvals by those third-party payors for customers to obtain coverage for our products, and any payor audits of our compliance obligations may result in requests for refunds or other costs.
Failure to secure or retain adequate coverage or reimbursement for our current and future products by third-party payors, or delays in processing approvals by those payors, could result in the loss of sales, which could have a material adverse effect on our business, financial condition and operating results.
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Similarly, if we are not able to recruit and retain a network of diabetes educators and customer service personnel, we may not be able to successfully train and service new customers, which could delay new sales and harm our reputation.
+Added: These risks may be greater now than in the past due to current general labor shortages in the United States, and in particular in our office locations in San Diego, California and Boise, Idaho.
We expect the oversight of our sales, marketing, clinical and customer service personnel will continue to place significant burdens on our management team, which may be compounded as we manage remote employees during the COVID-19 global pandemic and as we work towards returning personnel to our facilities.
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For employees in other functions, we have adopted measures designed to help employees remain effective in a work-from-home environment and we are implementing safety measures and protocols as employees transition back into our facilities.
−Removed: We have also increased our staffing in certain operations in order to mitigate potential risks associated with increases in unplanned employee absences or illness.
+Added: We also temporarily increased our staffing in certain operations in order to mitigate potential risks associated with increases in unplanned employee absences or illness.
Each of these measures has resulted in unanticipated expenses that will negatively impact our gross margin and may adversely impact our ability to achieve profitability.
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Additionally, at various times our cartridge inventory was below our targeted stocking levels.
−Removed: We have acquired finished goods and raw material inventory for our products in order to meet targeted stocking levels.
−Removed: Currently, we do not anticipate a significant disruption in our ability to manufacture insulin pumps and cartridges, nor do we anticipate our third-party manufacturers will be unable to provide sufficient quantities to meet product demand.
+Added: We have acquired finished goods and raw material inventory for our products in order to meet targeted stocking levels in the near-term.
+Added: Currently, we do not anticipate a significant disruption in our ability to manufacture insulin pumps and cartridges, nor do we anticipate our third-party manufacturers will be unable to provide sufficient quantities to meet product demand, however we continue to monitor factors that could negatively impact our longer-term supply chain, such as global shortages of semiconductors and copper that are needed to manufacture our insulin pumps and accessories.
If we experience these or similar manufacturing challenges in the future, it could have a negative impact on product sales and harm our reputation.
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Under most of our supply agreements, we make purchases on a purchase order basis and have no obligation to buy any given quantity of components or products until we place written orders, and our suppliers have no obligation to manufacture for us or sell to us any given quantity of components or products until they accept an order.
−Removed: In addition, our suppliers may encounter problems that limit their ability to manufacture components or products for us, including financial difficulties, damage to their manufacturing equipment or facilities or problems with their own suppliers.
+Added: In addition, our suppliers may encounter problems that limit their ability to manufacture components or products for us, including financial difficulties, damage to their manufacturing equipment or facilities, inability to obtain raw materials or other components, or problems with their own suppliers.
As a result, our ability to purchase adequate quantities of our components or products may be limited.
If we fail to obtain sufficient quantities of high-quality components to meet demand on a timely basis, we could lose customer orders, our reputation may be harmed, and our business could suffer.
−Removed: We generally use a small number of suppliers for our components and products, some of which are located outside the United States, including in China and Mexico.
+Added: We generally use a small number of suppliers for our components and products, some of which are located outside the United States, including in China, Mexico and Costa Rica.
Depending on a limited number of suppliers exposes us to risks, including limited control over costs such as tariffs, availability, quality and delivery schedules.
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If we overestimate customer demand, we may experience higher inventory carrying costs and increased excess or obsolete inventory, which would negatively impact our results of operations.
−Removed: We expect it will be particularly difficult to accurately forecast demand during the global pandemic.
+Added: By the same token, if we underestimate future demand we may be unable to meet future production requirements or our inventory of critical materials may be below our targeted stocking levels.
+Added: We expect it will be particularly difficult to accurately forecast demand during the global pandemic and even for some time while travel and social-distancing restrictions are lifted.
We may also have difficulty obtaining components from other suppliers that are acceptable to the FDA or other regulatory agencies, and the failure of our suppliers to comply with regulatory requirements could expose us to regulatory action including warning letters, product recalls, termination of distribution, product seizures or civil penalties.
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However, we may not experience the anticipated operating efficiencies at either facility as we continue to scale our business operations and add manufacturing requirements for products currently under development.
−Removed: In addition, beginning in 2020 we outsourced a portion of our cartridge manufacturing demand to an experienced third-party contract manufacturer and it is possible that we may consider outsourcing other aspects of our operations in the future.
+Added: In addition, beginning in 2020 we outsourced a portion of our cartridge manufacturing demand to an experienced third-party contract manufacturer and we expect to increase our reliance on this third party cartridge manufacturer over the next 24 months while reducing our own internal t:slim cartridge manufacturing capacity in our existing facility.
+Added: We may consider outsourcing other aspects of our operations in the future.
If we fail to achieve the operating efficiencies that we anticipate, our manufacturing and operating costs may be greater than expected, which would have a material adverse impact on our operating results.
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We have in the past experienced, and may in the future experience, delays in various phases of product development and commercialization, including during research and development, manufacturing, limited release testing, marketing and customer education efforts.
−Removed: We have also recently experienced delays in the regulatory review and approval process due to the impacts of the current global pandemic.
+Added: We have also recently experienced delays in the regulatory review and approval process, including due to the impacts of the current global pandemic.
Any delays in our anticipated regulatory submissions or approvals, or subsequent product launches, may significantly impede our ability to successfully compete in our markets.
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Any concerns regarding the safety and efficacy of our products could limit sales and cause unforeseen negative effects to our business prospects and financial results.*
−Removed: Studies to evaluate the safety or effectiveness of our products in a controlled setting are only recently available.
+Added: Studies to evaluate the safety or effectiveness of our latest products in a controlled setting are only recently available.
As a result, people with insulin-dependent diabetes and healthcare providers may not be familiar with our studies and may be slower to adopt or recommend our products.
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We operate our business in regions subject to natural disasters and other catastrophic events, and any disruption to our business resulting from natural disasters will adversely affect our revenue and results of operations.*
−Removed: We operate our business in regions subject to natural disasters, including earthquakes, hurricanes, floods, fires and other catastrophic events.
+Added: We operate our business, and our third-party contract manufactures are located, in regions subject to natural disasters, including earthquakes, hurricanes, floods, fires and other catastrophic events.
For example, a portion of our office facilities located in San Diego are in an area that is prone to flooding, which has occasionally temporarily disrupted our business operations.
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We rely on such systems to effectively store, process and transit proprietary sales and marketing data, accounting and financial functions, manufacturing and quality records, inventory management, product development tasks, research and development data, customer service and technical support functions.
−Removed: Our information technology systems, including those that support our t:connect uploader software and cloud-based web application, our current and future mobile applications, as well as those involved in the operation of our Tandem Device Updater, are vulnerable to damage or interruption from a number of causes, including earthquakes, fires, floods and other natural disasters, terrorist attacks, attacks by computer viruses or hackers, malware, ransomware or other destructive software, cyber-attacks, power losses, and computer system or data network failures.
+Added: Our information technology systems, including those that support our t:connect uploader software and cloud-based web application, our current and future mobile applications, our Tandem Source data management platform, as well as those involved in the operation of our Tandem Device Updater, are vulnerable to damage or interruption from a number of causes, including earthquakes, fires, floods and other natural disasters, terrorist attacks, attacks by computer viruses or hackers, malware, ransomware or other destructive software, cyber-attacks, power losses, and computer system or data network failures.
Should any of those risks occur, it could adversely impact the availability, confidentiality and integrity of information assets contained in those systems.
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Health Insurance Portability and Accountability Act of 1996 (HIPAA) and related regulations, U.S.
−Removed: state laws (such as the CCPA), Canada’s Personal Information and Electronic Documents Act (PIPEDA) or the applicable provincial alternatives, the EU’s General Data Protection Regulation (GDPR), EU member states directives, or similar applicable laws.
+Added: state laws (such as the California Consumer Privacy Act (CCPA)), Canada’s Personal Information and Electronic Documents Act (PIPEDA) or the applicable provincial alternatives, the EU’s General Data Protection Regulation (GDPR), EU member states directives, or similar applicable laws.
These laws place limits on how we may collect, use, share and store medical information and other personal information, and they impose obligations to protect that information against unauthorized access, use, loss, and disclosure.
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state and Canadian provincial laws, we could be subject to civil or criminal penalties, which could increase our liabilities, harm our reputation and have a material adverse effect on our business, financial condition and operating results.
+Added: In addition, entities operating in the healthcare industry have increasingly become targets for hackers.
Although we utilize a variety of measures to secure the data that we control, even compliant entities can experience security breaches or have inadvertent failures despite employing reasonable practices and safeguards.
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and foreign medical device import and export rules;
−Removed: • more restrictive privacy laws relating to personal information of end-users and employees, including GDPR;
+Added: • more restrictive privacy laws relating to personal information of end-users and employees, including GDPR and other EU member state directives;
• reduced protection for our intellectual property rights in foreign countries;
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• issues maintaining uniform standards, procedures, controls and policies;
−Removed: • unanticipated costs associated with acquisitions or investments;
+Added: • unanticipated costs, impairment charges or write-offs associated with acquisitions or investments;
• diversion of management’s attention from our existing business;
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We may need or otherwise determine to raise additional funds in the future and if we are unable to raise additional funds when necessary or desirable, we may not be able to achieve our strategic objectives.*
−Removed: At March 31, 2021, we had $513.4 million in cash, cash equivalents and short-term investments.
+Added: At June 30, 2021, we had $545.3 million in cash, cash equivalents and short-term investments.
Our management expects the continued growth of our business, including the expansion of our customer service infrastructure to support our growing base of customers, our plans to expand commercial sales of our products outside of the United States, the growth of our manufacturing and warehousing operations, increasing the size of our facility footprint due to increases in headcount and additional R&D activities, will continue to increase our expenses.
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• the costs associated with maintaining and expanding an appropriate sales, marketing, clinical and customer service infrastructure;
−Removed: • the expenses we incur or other capital expenditures we make to maintain or enhance our manufacturing operations, including leasing additional property, hiring additional personnel, purchasing additional manufacturing equipment and other measures taken to add manufacturing capacity;
+Added: • the expenses we incur or other capital expenditures we make to maintain or enhance our manufacturing operations and distribution capabilities, including leasing additional property, hiring additional personnel, and purchasing additional equipment;
• the expenses associated with developing and commercializing our proposed products or technologies;
−Removed: • the costs associated with maintaining and expanding our customer service infrastructure;
• the cost of obtaining and maintaining regulatory clearance or approval for our products and our manufacturing facilities;
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We rely primarily on patent, trademark and trade secret laws, as well as confidentiality and non-disclosure agreements, to protect our proprietary technologies.
−Removed: As of March 31, 2021, our patent portfolio consisted of approximately 106 issued U.S.
+Added: As of June 30, 2021, our patent portfolio consisted of approximately 110 issued U.S.
patents and 74 pending U.S.
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Our products and operations are subject to extensive governmental regulation, and failure to comply with applicable requirements could cause our business to suffer.*
−Removed: The medical device industry is regulated extensively by governmental authorities, principally the FDA and corresponding state regulatory agencies.
+Added: The medical device industry is regulated extensively in the United States by governmental authorities, principally the FDA and corresponding state regulatory agencies.
The regulations are very complex and are subject to rapid change and varying interpretations.
1 unchanged sentence
The FDA and other U.S.
−Removed: governmental agencies regulate numerous elements of our business, including:
+Added: governmental agencies and international regulatory authorities regulate numerous elements of our business, including:
• product design and development;
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The process of obtaining regulatory clearances or approvals to market a medical device can be costly and time-consuming, and we may not be able to obtain these clearances or approvals on a timely basis or at all for our proposed products.
−Removed: If the FDA requires a more rigorous examination for our future products or modifications to existing products than we had expected, our product introductions or modifications could be delayed or canceled, which could cause our sales to decline or to not increase in line with our forecasts.
−Removed: The FDA can delay, limit or deny clearance or approval of one of our devices for many reasons, including:
+Added: If the FDA or other regulatory authority requires a more rigorous examination for our future products or modifications to existing products than we had expected, our product introductions or modifications could be delayed or canceled, which could cause our sales to decline or to not increase in line with our forecasts.
+Added: The FDA or other regulatory authority can delay, limit or deny clearance or approval of one of our devices for many reasons, including:
• our inability to demonstrate that our products are safe and effective for their intended users;
1 unchanged sentence
• failure of the manufacturing process or facilities we use to meet applicable requirements.
−Removed: In addition, the FDA may change its clearance and approval policies, adopt additional regulations or revise existing regulations, or take other actions which may prevent or delay approval or clearance of our products under development or impact our ability to modify our currently cleared or approved products on a timely basis.
+Added: In addition, the FDA or other regulatory authority may change its clearance and approval policies, adopt additional regulations or revise existing regulations, or take other actions which may prevent or delay approval or clearance of our products under development or impact our ability to modify our currently cleared or approved products on a timely basis.
More recently, the FDA has stated that the review process for new submissions may take longer than normal due to the impact of the COVID-19 global pandemic.
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Reduced reimbursement rates could significantly decrease our revenue, which in turn would place significant downward pressure on our gross margins and impede our ability to become profitable.
−Removed: The Patient Protection and Affordable Care Act, a component of the Affordable Care Act (ACA), substantially changed the way healthcare is financed by both governmental and private insurers, encourages improvements in the quality of healthcare items and services, and significantly impacts the medical device industry.
+Added: The Affordable Care Act (ACA), substantially changed the way healthcare is financed by both governmental and private insurers, encourages improvements in the quality of healthcare items and services, and significantly impacts the medical device industry.
However, a number of legislative changes have been proposed and adopted since the ACA was enacted, and legislation has also been and will likely continue to be proposed that could modify or repeal the ACA.
+Added: In addition, the ACA continues to be the subject of various legal challenges.
The uncertainties regarding the future of the ACA, and other healthcare reform initiatives, may have an adverse effect on our customers’ purchasing decisions regarding our products.
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Date of First Filing Exhibit Number
−Removed: 10.1 Second Amendment to Lease Agreement, dated March 11, 2021, by and between TREA Pacific Plaza, LLC and Tandem Diabetes Care, Inc.
−Removed: 10.2* Tandem Diabetes Care, Inc.
−Removed: 2021 Senior Management Cash Bonus Plan
31.1 Certification of John F.
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104 Cover Page Interactive Data File (embedded within the Inline XBRL Document contained in Exhibit 101) X
−Removed: * Indicates management contract or compensatory plan.
* This certification is not deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liability of that section.
2 unchanged sentences
Tandem Diabetes Care, Inc.
−Removed: May 5, 2021 By:
+Added: August 4, 2021 By:
President and Chief Executive Officer
1 unchanged sentence
Principal Executive Officer)
−Removed: May 5, 2021 By:
+Added: August 4, 2021 By:
Executive Vice President, Chief Financial Officer and Treasurer
2 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.