Item 1. Business
ITEM
1 - BUSINESS
This
Annual Report on Form 10-K (including the section regarding Management’s Discussion and Analysis of Financial Condition
and Results of Operations) contains forward-looking statements regarding our business, financial condition, results of operations
and prospects. Words such as “expects,” “anticipates,” “intends,” “plans,” “believes,”
“seeks,” “estimates” and similar expressions or variations of such words are intended to identify forward-looking
statements, but are not deemed to represent an all-inclusive means of identifying forward-looking statements as denoted in this
Annual Report on Form 10-K. Additionally, statements concerning future matters are forward-looking statements.
Although
forward-looking statements in this Annual Report on Form 10-K reflect the good faith judgment of our Management, such statements
can only be based on facts and factors currently known by us. Consequently, forward-looking statements are inherently subject
to risks and uncertainties and actual results and outcomes may differ materially from the results and outcomes discussed in or
anticipated by the forward-looking statements. Factors that could cause or contribute to such differences in results and outcomes
include, without limitation, those specifically addressed under the heading “Risks Factors” below, as well as those
discussed elsewhere in this Annual Report on Form 10-K. Readers are urged not to place undue reliance on these forward-looking
statements, which speak only as of the date of this Annual Report on Form 10-K. We file reports with the Securities and Exchange
Commission (“SEC”). You can read and copy any materials we file or will file with the SEC, which, among other places,
can be found on the SEC's website at http://www.sec.gov, as well as on our corporate website at www.tonixpharma.com).
We
undertake no obligation to revise or update any forward-looking statements in order to reflect any event or circumstance that
may arise after the date of this Annual Report on Form 10-K. Readers are urged to carefully review and consider the various disclosures
made throughout the entirety of this Annual Report, which attempt to advise interested parties of the risks and factors that may
affect our business, financial condition, results of operations and prospects.
Tonix
Pharmaceuticals ® , Tonmya ® , Protectic™, Angstro-Technology™ and other trademarks and
intellectual property of ours appearing in this report are our property. This report contains additional trade names and trademarks
of other companies. We do not intend our use or display of other companies’ trade names or trademarks to imply an endorsement
or sponsorship of us by such companies, or any relationship with any of these companies.
Business
Overview
We are a clinical-stage biopharmaceutical
company focused on discovering, licensing, acquiring and developing therapeutics and diagnostics to treat and prevent human disease and
alleviate suffering. We are building capabilities in synthetic biology, precision medicine, protein engineering and vaccine manufacturing
through internal efforts as well as through collaborations with academic institutions and contract research organizations. Our therapeutics
under development include both small molecules and biologics. All of our drug, biologic and diagnostic candidates are still in development.
Tonix’s portfolio is primarily
composed of immunology, central nervous system, or CNS, and infectious disease product candidates. Tonix’s immunology portfolio
includes biologics to address organ transplant rejection, autoimmune diseases and cancer. The CNS portfolio includes small molecules and
biologics to treat pain, neurologic, psychiatric and addiction conditions. Tonix’s infectious disease portfolio of product candidates
includes next-generation vaccines to prevent COVID-19, an antiviral to treat COVID-19, and a potential treatment for Long COVID. The infectious
disease portfolio also includes a vaccine in development to prevent smallpox and monkeypox.
Tonix’s lead candidate within
its immunology pipeline is TNX-1500*, a humanized monoclonal antibody, or mAb, directed against CD40-ligand,
or CD40L, engineered to modulate binding to Fc receptors, that is being developed as a prophylaxis against organ transplant rejection
as well as to treat autoimmune conditions. In experiments at the Massachusetts General Hospital, a teaching hospital of Harvard Medical
School, TNX-1500 is being studied as monotherapy or in combination with other immunosuppressive agents in heart and kidney organ transplants
in non-human primates. Preliminary results from an ongoing experiment in heart transplants indicate that TNX-1500 appears to have comparable
efficacy to historical experiments using the chimeric mouse/human IgG1 version (5c8H1) of the anti-CD40L mAb 5c8. First generation anti-CD40L
mAb were associated with an increased risk of blood clots or thrombosis. In the non-human primate studies with TNX-1500, no evidence of
thrombosis has been observed so far. We expect to start a Phase 1 study of TNX-1500 in the second half of 2022.
Among the CNS candidates
in development is TNX-1300* (double-mutant cocaine esterase) which is in Phase 2 for the treatment of life-threatening cocaine intoxication.
TNX-1300 has been granted Breakthrough Therapy designation, or BTD, by the U.S. Food and Drug Administration, or FDA. TNX-1300 was licensed
from Columbia University in 2019 after a Phase 2 study showed that it rapidly and efficiently disintegrates cocaine in the blood of volunteers
who received intravenous, or i.v., cocaine. We expect to initiate a Phase 2 open-label safety study of TNX-1300 in an emergency room setting
in the first half of 2022.
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Our latest stage CNS product candidate is TNX-102 SL*, a proprietary sublingual
tablet formulation of CBP, designed for bedtime administration. TNX-102 SL has active INDs for fibromyalgia, or FM, posttraumatic
stress disorder, or PTSD, agitation in Alzheimer’s disease, or AAD, and alcohol use disorder, or AUD. We also intend to develop
TNX-102 SL as a treatment for Long COVID, which is also known as post-acute sequelae of COVID-19, or PASC.
TNX-102 SL is in mid-Phase
3 development for the management of FM, a pain disorder characterized by chronic widespread pain, non-restorative sleep, fatigue and impaired
cognition. In December 2020, we reported positive results from the Phase 3 RELIEF study of TNX-102 SL 5.6 mg for the management of FM.
In July 2021, we reported pre-planned interim analysis results from a second Phase 3 study, RALLY. Based on the recommendation from the
independent data monitoring committee that the RALLY trial was unlikely to demonstrate a statistically significant improvement in the
primary endpoint, we stopped enrollment of new participants but allowed those participants who were already enrolled to complete the study.
We expect to report topline data from the completed study in the first quarter of 2022. We expect to analyze the RALLY results to improve
the design of subsequent Phase 3 studies. In addition, we plan to employ pharmacogenomic techniques to compare the RALLY and RELIEF study
populations, which may provide a path to precision medicine-based companion diagnostics for TNX-102 SL in FM. We intend to start a new
Phase 3 study of TNX-102 SL in FM in the first half of 2022.
TNX-102 SL is also being developed as a potential treatment for Long COVID.
We met with the FDA in the third quarter of 2021 to seek agreement on the design of a Phase 2 potential pivotal study and the overall
clinical development plan to qualify TNX-102 SL as an indicated treatment for Long COVID. We intend to focus our clinical development
on the subgroup of Long COVID patients whose symptoms overlap with FM, particularly with respect to widespread pain. We received the official
minutes from this meeting in the third quarter of 2021 and intend to initiate a Phase 2 study in the first half of 2022.
For
TNX-102 SL in PTSD, we completed the Phase 3 RECOVERY trial and reported topline results in the fourth quarter of 2020 in which
TNX-102 SL did not meet the primary efficacy endpoint. PTSD is a serious psychiatric condition that develops in response to experiencing
a traumatic event. We subsequently completed a meeting with the FDA to discuss potential new endpoints for the indication of treatment
of PTSD, and we expect to begin enrolling a Phase 2 study of TNX-102 SL in police in Kenya in the first half of 2022. The AAD
program is Phase 2 ready with an active IND and FDA Fast Track designation. AAD, which includes emotional lability, restlessness,
irritability, and aggression, is one of the most distressing and debilitating of the behavioral complications of Alzheimer’s
disease. Tonix does not have any near-term plans to start a Phase 2 study in AAD. The AUD program is also Phase 2 ready with an
active IND. AUD is a chronic relapsing brain disease characterized by compulsive alcohol use, loss of control over alcohol intake,
and a negative emotional state when not using alcohol. Tonix does not have any near-term plans to start a Phase 2 study in AUD.
TNX-1900* (intranasal potentiated oxytocin) is in development for prophylaxis
of chronic migraine and for the treatment of craniofacial pain, insulin resistance and related conditions as well binge eating disorder,
or BED. TNX-1900 was acquired from Trigemina, Inc. and licensed from Stanford University in 2020. The potentiated formulation includes
magnesium, which has been shown in animals to potentiate binding of oxytocin to the oxytocin receptor in the trigeminal ganglion. We received
IND clearance from the FDA in the fourth quarter of 2021 and intend to initiate a Phase 2 study in migraine in the second half of 2022.
Tonix also licensed technology to use TNX-1900 for the treatment of insulin resistance from the University of Geneva. TNX-1900 will be
studied as a potential treatment for BED in an investigator-initiated Phase 2 clinical trial. The Phase 2 clinical trial is expected to
start in the second half of 2022. In March 2022, we announced an agreement with Massachusetts General Hospital, a teaching hospital of
Harvard Medical School, to conduct this study. Tonix does not own an IND for BED.
TNX-2900* is another intranasal oxytocin-based therapeutic in development
for the treatment of Prader-Willi syndrome, or PWS. The technology for TNX-2900 was licensed from Inserm, the French National Institute
of Health and Medical Research. PWS, an orphan condition, is a rare genetic disorder of failure to thrive in infancy, associated with
uncontrolled appetite beginning in childhood with complications of obesity and diabetes. We have sponsored a research program at the Inserm
to study oxytocin on suckling behavior in mice that have been engineered to express one of the Prader-Willi genes. TNX-2900 has been granted
Orphan-Drug Designation for the treatment of PWS.
TNX-601 CR* (tianeptine oxalate and naloxone controlled-release tablets)
is a CNS product candidate in development as a treatment for major depressive disorder, or depression, for PTSD, and for neurocognitive
dysfunction associated with corticosteroid use. We completed a Phase 1 trial for formulation development outside of the U.S. Based on
official minutes from a pre-IND meeting with the FDA, we expect to initiate a pharmacokinetic study in the third quarter of 2022, and
a Phase 2 study in the first quarter of 2023.
Tonix’s
infectious disease portfolio includes vaccines based on Tonix’s recombinant pox vaccine, or “RPV” technology platform.
RPV vaccines are believed to protect against negative outcomes of infectious diseases by eliciting T cell responses in addition to antibody
responses. TNX-801* is an RPV live horsepox virus vaccine for percutaneous administration in the pre-IND stage of development to protect
against smallpox and monkeypox. TNX-801 vaccinated non-human primates were protected from monkeypox in studies reported in the first
quarter of 2020.
TNX-1800*
is a live virus vaccine that expresses the SARS-CoV-2 spike protein from the ancestral Wuhan strain, which has shown encouraging results
in non-human primates. Because the subsequent omicron variant has out-competed the ancestral Wuhan strain, we are now planning new vaccine
versions, TNX-1840* and TNX-1850*, that are designed to express spike protein from the omicron variant and from the BA.2 variant, respectively.
The COVID-19 vaccines that are approved for use, or have emergency use authorization, or EUA, in the U.S. have provided significant health
benefits to the vaccinated population; however, they are showing limitations in the durability of protection conferred and, in their ability,
to block forward transmission. Live virus vaccines that protect against other viral diseases by eliciting T cell responses have shown
durability of protection that lasts years to decades and some live virus vaccines have significantly inhibited forward transmission. With
respect to TNX-1800 vaccination, we reported positive efficacy data from animal challenge studies using live SARS-CoV-2 in the first quarter
of 2021. In this study, TNX-1800 vaccinated, SARS-CoV-2 challenged animals had undetectable SARS-CoV-2 in the upper airways, which we
believe relates to potential inhibition of forward transmission of this respiratory pathogen.
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TNX-3500*
(sangivamycin) is an antiviral inhibitor of SARS-CoV-2 which has demonstrated broad-spectrum activity in laboratory-based assays against
the coronaviruses SARS-CoV-2 and MERS-CoV. Tonix licensed this technology from OyaGen, Inc. and intends to develop it as a treatment for
COVID-19 and potentially other viral diseases. The active ingredient of TNX-3500 has been studied for safety in humans in prior studies
with cancer patients at the U.S. National Cancer Institute but has not been approved for marketing in any jurisdiction. Tonix intends
to conduct further animal studies in preparation for filing an IND.
TNX-3600* refers to a series of
fully human mAbs generated by a human-human hybridomas from COVID-19 convalescent volunteers. Tonix is collaborating with Columbia University
to produce these fully human mAbs to SARS-CoV-2 spike proteins from variants such as delta and omicron and to other viral targets. The
initial focus is to develop COVID-19 therapeutic mAbs. Tonix plans to seek indications similar to current EUA therapeutic mAbs for treating
individuals with mild-to-moderate COVID-19 who are at high risk for progression to severe disease. TNX-3600 mAbs may also be used in combination
therapy with other COVID-19 therapeutic mAbs. Combination therapies with other anti-SARS-CoV-2 mAbs may reduce the emergence of resistant
viral strains. Given the unpredictable trajectory of the SARS-CoV-2 virus and new variants, we seek to contribute to a broad set of mAbs
from a variety of patients, that can be scaled up quickly and potentially combined with other mAbs. We envision the future of mAb therapy
for COVID-19 to be cocktails of mAbs with specificity to variants of concern. TNX-3600 is in the preclinical stage of development.
Tonix intends to study inhibition of SARS-CoV-2 variants in tissue culture and initiate animal studies in the first half of 2022.
Tonix also
is collaborating with Columbia University to better understand immune responses to SARS-CoV-2 in healthy individuals who have recovered
from COVID-19, which is expected to provide a foundation for tailoring therapeutics to appropriate individuals using precision medicine.
TNX-3700*
is a COVID-19 mRNA vaccine candidate employing a zinc nanoparticle (ZNP) formulation. In collaboration with Kansas State University, Tonix
is developing this ZNP technology as a potential replacement for the lipid nanoparticle (LNP) technology used in current mRNA vaccines.
ZNP technology potentially allows for improved stability which facilitates shipping and storage and addresses the limitations in current
mRNA vaccines which require ultra-cold storage and shipping. This current requirement limits the use of mRNA vaccines in less developed
countries. We plan to seek initial indications as a booster, similar to the current FDA approved mRNA vaccines. Tonix intends to conduct
research with Kansas State University on ZNP SARS-CoV-2 spike based vaccines in tissue culture and animals in the first half of 2022.
TNX-2100*
is an in vivo diagnostic skin test we are developing to measure SARS-CoV-2 exposure and T cell immunity. T cell immunity is more
durable than antibody immunity since serum antibodies wane between six months and one year after vaccination. TNX-2100 is a potential
test to measure delayed-type hypersensitivity (DTH) response to SARS-CoV-2. The DTH response for other pathogens, notably tuberculosis,
can serve as an in vivo measure of functional T cell immunity. TNX-2100 is comprised of GMP peptides designed to mimic SARS-CoV-2
proteins and stimulate SARS-CoV-2 specific T cells. We initiated a first-in-human, dose-finding clinical study in the first quarter of
2022 and expect study results in the first half of 2022.
Our immunology pipeline also includes TNX-1700*. TNX-1700
is a recombinant modified form of Trefoil Family Factor 2, or rTFF2, that was licensed from Columbia University in 2019. TNX-1700 is a
biologic being developed to treat gastric and colorectal cancers by an immune-oncology mechanism and is in the preclinical stage of development.
Our biodefense
pipeline includes TNX-701*, an undisclosed small molecule technology being developed to prevent deleterious effects of radiation exposure
which has the potential to be used as a medical countermeasure to improve biodefense. TNX-701 is in the preclinical stage of development.
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Finally,
our CNS pipeline includes TNX-1600*, an inhibitor of the reuptake of neurotransmitters serotonin, norepinephrine and dopamine, or a triple
reuptake inhibitor. TNX-1600 was licensed from Wayne State University in 2019 and is being developed as a treatment for PTSD, depression
and attention-deficit/hyperactivity disorder, or ADHD. TNX-1600 is in the preclinical stage of development.
Relating
to our COVID-19 and other infectious disease development programs, we are developing the resources necessary to enable internal research,
development and manufacturing capabilities necessary to meet the goal of producing new vaccine candidates within 100 days of recognition
and new diagnostics within weeks of obtaining sequence information. As articulated in the American Pandemic Preparedness Plan, or AP3,
released by the U.S. Office of Science and Technology Policy, this 100-day goal for vaccines is a key component of preparedness for future
pandemics. We intend to establish the infrastructure necessary to support the pandemic preparedness goals established in the AP3, specifically
with respect to our RPV vaccine and skin test platforms and potentially to other vaccine, diagnostic and therapeutic platforms. This infrastructure
consists of (i) our infectious disease R&D Center, or “RDC”, (ii) our Advanced Development Center, or ADC, and (iii) our
Commercial Manufacturing Center, or CMC. We acquired the infectious disease RDC in Frederick, Maryland consisting of two buildings totaling
approximately 48,000 square feet. The acquisition closed in October 2021 and was operational at closing, but as of December 31, 2021,
the facility was not ready for its intended use. It is our intention to have the facility ready for use in the first half of 2022. The
RDC facility will focus on our development of vaccines and antiviral drugs against SARS-CoV-2, its variants, and other infectious diseases.
The RDC facility is currently biosafety level 2 (BSL-2), but we intend to upgrade components to BSL-3. We are in the process of a substantial
renovation of the ADC located in the New Bedford business park in Dartmouth, Massachusetts. This facility is intended to accelerate development
and clinical scale manufacturing of live-virus vaccines to support Phase 1 and Phase 2 clinical trials. It is currently under construction
and will be an approximately 45,000 square foot BSL-2 facility once completed. It is expected to be partially operational in the first
half of 2022. We also plan to build the CMC in Hamilton, Montana, where we purchased approximately 44 acres of land. The CMC will focus
on developing and manufacturing commercial scale live-virus vaccines and is also intended to be BSL-2. Site enabling work is expected
to be initiated for the CMC in 2022. Together, we expect these facilities may qualify the RPV vaccine and skin test platforms for
programs that are designed to carry out the goals of AP3.
*All
of Tonix’s product candidates are investigational new drugs or biologics and have not been approved for any indication.
We are led by a management team with significant industry experience in
drug development. We complement our management team with a network of scientific, clinical, and regulatory advisors that includes recognized
experts in their respective fields.
Corporate Information
We were incorporated on November
16, 2007 under the laws of the State of Nevada as Tamandare Explorations Inc. On October 11, 2011, we changed our name to Tonix Pharmaceuticals
Holding Corp. Our common stock is listed on The NASDAQ Capital Market under the symbol “TNXP”. Our principal executive offices
are located at 26 Main Street, Suite 101, Chatham, New Jersey 07928, and our telephone number is (862) 799-8599. Our website addresses
are www.tonixpharma.com, www.tonix.com, and www.krele.com .
Our Strategy
Our objective is to develop and commercialize our
product candidates. The principal components of our strategy are to:
●
Pursue CNS, infectious disease and immunology
indications with high unmet medical need and significant commercial potential. Within the therapeutic areas that Tonix is focusing,
we are pursuing multiple indications that are underserved with limited, effective treatment options. One of our latest stage product candidates,
TNX-102 SL for the management of FM, affects between 6-12 million adults in the U.S. and fewer than half of those treated for FM receive
relief from the three FDA-approved drugs. We are also pursuing a treatment for Long COVID using TNX-102 SL, a condition for which there
is no currently approved therapy. Our broader development strategy is to leverage the patented formulation to explore the clinical potential
of TNX-102 SL in multiple other pain, psychiatric, and addiction conditions, including PTSD, Agitation in Alzheimer’s and Alcohol
Use Disorder (AUD), all of which are underserved by currently approved medications or have no approved treatment thus representing large
unmet medical needs. Within CNS, Tonix is also developing TNX-1300, a treatment for cocaine intoxication, one of the leading causes of
overdose deaths and for which there is no currently approved drug. Within infectious diseases, we are currently focusing on the development
of TNX-1840 and TNX-1850 for protection against COVID-19. While there are FDA-approved COVID-19 vaccines which use mRNA technology, we
believe that there are limitations to these vaccines relating to durability of protection and their relative inability to block forward
transmission. We believe that the live virus technology intended to be employed in TNX-1840 and TNX-1850 has the potential to solve these
problems and serve as a booster or initial vaccine to the U.S. population. Finally, with TNX-1500, we are pursuing a treatment to prevent
organ transplant rejection as well as autoimmune conditions. TNX-1500 is a third generation humanized mAb targeting the CD40L that has
the potential to deliver efficacy without compromising safety, based on modulated binding to Fc receptors. At this time, no mAb against
CD40L has been licensed anywhere in the world.
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● Maximize
the commercial potential of our lead product candidates . We plan to commercialize
each of our lead product candidates, including our latest stage candidate, TNX-102 SL,
either on our own or through collaboration with partners. We believe our lead candidates
can be marketed to U.S. physicians either by an internal sales force that we would build
or by a contract sales organization, which we would engage. An alternative strategy would
be to enter into partnership agreements with drug companies that already have significant
marketing capabilities in the same, or similar, therapeutic areas. If we determine that
such a strategy would be more favorable than developing our own sales capabilities, we
would seek to enter into collaborations with pharmaceutical or biotechnology companies
for commercialization.
● Pursue
a broad intellectual property strategy to protect our product candidates . We
are pursuing a broad patent strategy for our product candidates, and we endeavor to generate
new patent applications as supported by our innovations and conceptions as well as to
advance their prosecution. In the case of TNX-102 SL, we own patents and patent applications
protecting its composition-of-matter, certain methods of its use, its formulation, and
its pharmacokinetic properties. In the case of TNX-801, TNX-1800, TNX-1840 and TNX-1850, we own
patent applications protecting their composition-of-matter and certain methods of use.
We also own patents through in-licensing transactions for TNX-1900, TNX-1700, TNX-2900
and TNX-1300. We own patents outright for TNX-601 CR and have filed patent applications
for TNX-2100, TNX-3500, TNX-3700 and TNX-1500. We plan to opportunistically apply for
new patents to protect our product candidates.
● Pursue
additional indications and commercial opportunities for our product candidates. We will seek to maximize the value of our
other product candidates by pursuing other indications and commercial opportunities for such candidates. For example, we own rights
related to the development and commercialization of TNX-102 SL for generalized anxiety disorder, depression, and fatigue related to
disordered sleep. For TNX-1900, we own the rights to develop this for craniofacial pain, episodic migraine, acute migraine and
insulin resistance, in addition to chronic migraine. For TNX-601 CR, we own the rights to develop this for PTSD and neurocognitive
disorder from corticosteroid use, in addition to major depressive disorder. Finally, our live virus platform using our RPV
technology may be developed for future pandemics, infectious diseases generally and oncology, in addition to COVID-19.
Disease
and Market Overview
Our
product candidates address disorders that are not well served by currently available therapies or have no approved treatment which
represent large potential commercial market opportunities. Background information on the disorders and related commercial markets
that may be addressed by our product candidates in or nearing the clinical-stage is set forth below.
Immunology
Organ Transplant Rejection
Organ transplant
rejection occurs when the immune system of the organ recipient attacks the new organ as if it was an infection or tumor. Often transplantation
is the last resort for most end-stage organ failure patients, affecting either kidneys, liver, heart, lungs, and/or pancreas. Genetic
disparity between organ donor and recipient is often at the root of the rejection. Mismatched or not closely matched organs triggers
an immune reaction that leads to rejection. Overcoming this difficulty is paramount to a patient’s survival as organ donations
are in limited supply.
Gastric
and Colorectal cancers
Gastric
or stomach cancer is a disease in which malignant cancer cells line the inner lumen of the stomach. Development of this form of cancer
is often influenced by age, diet and other stomach disease. This type of cancer begins to form in the mucosa, the surface of the lumen
that is in direct contact with the contents of the stomach, and spreads through the outer layers of the stomach as the tumor grows.
Currently,
per the National Cancer Institute, the 5-year relative survival for stomach cancer is 32.4%. The lifetime risk of developing stomach
cancer is higher in men (about 1 in 96) than in women (about 1 in 152). 2 In 2018, there were an estimated 120,301 people living
with stomach cancer in the United States.
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Colorectal
cancer includes cancers in the colon and the rectum, organs that are crucial to absorption of water by the body and the elimination of
food-waste. Most colorectal cancers start as a growth or polyp on the inner lining of the colon or rectum. Some types of polyps can change
into cancer over time (usually many years), but not all polyps become cancer. Adenomatous polyps are the ones that turn malignant with
time. Similar to gastric cancer, the malignancy begins in the mucosal layer and spreads outwards.
The
5-year relative survival rate is 64.7%. Overall, the lifetime risk of developing colorectal cancer is about 1 in 23 (4.3%) for men and
1 in 25 (4.0%) for women. In 2018, there were an estimated 1,365,135 people living with colorectal cancer in the United States.
Central
Nervous System
Cocaine
Intoxication
Cocaine
is an illegal recreational drug taken for its pleasurable effects and associated euphoria. Pharmacologically, cocaine blocks the
reuptake of the neurotransmitter dopamine from central nervous system synapses, resulting in the accumulation of dopamine within
the synapse and an amplification of dopamine signaling that is related to its role in creating positive feeling. With the continued
use of cocaine, however, intense cocaine cravings occur resulting in a high potential for abuse and addiction, or dependence,
as well as the risk of cocaine intoxication. Cocaine intoxication refers to the deleterious effects on other parts of the body,
especially those involving the cardiovascular system. Common symptoms of cocaine intoxication include tachyarrhythmias and
elevated blood pressure, either of which can be life-threatening. As a result, individuals with known or suspected cocaine
intoxication are sent immediately to the emergency department, preferably by ambulance in case cardiac arrest occurs during transit.
There are approximately 505,000 emergency room visits for cocaine abuse each year in the U.S., of which 61,000 require detoxification
services. According to the National Institute on Drug Abuse, over 15,883 individuals died of cocaine overdose in 2019.
Fibromyalgia
(FM)
FM
is a chronic syndrome characterized by widespread musculoskeletal pain accompanied by fatigue, sleep, memory and mood issues.
The peak incidence of FM occurs between 20-50 years of age, and 80-90% of diagnosed patients are female. FM may have a substantial
negative impact on social and occupational function, including disrupted relationships with family and friends, social isolation,
reduced activities of daily living and leisure activities, avoidance of physical activity, and loss of career or inability to
advance in career or education. According to the American Chronic Pain Association, an estimated six to twelve million adults
in the U.S. have FM.
According
to a report by Frost and Sullivan that we commissioned, despite the availability of approved medications, the majority of patients
fail therapy due to either insufficient efficacy, poor tolerability, or both. Prescription pain and sleep medications are frequently
prescribed off-label for symptomatic relief, despite the lack of evidence that such medications provide a meaningful or durable
therapeutic benefit, and many of these medications carry significant safety risks and risk of dependence. For example, approximately
30% of patients diagnosed with FM take chronic opioids, despite the lack of evidence for their effectiveness and the risk of addiction
and toxicity, including overdose.
Long
COVID
Long
COVID, or PASC, is a condition that some survivors of COVID-19 infection experience in varying degrees
of severity. It is a chronic disabling condition that is expected to result in a significant global health and economic burden. The symptoms
include intense fatigue, fevers, sleep problems, pain, and cognitive issues (“brain fog”). Post infection, many patients
experience one or many of the symptoms of Long COVID: some patients have initial symptoms that become prolonged; others manifest entirely
new syndromes that impact more than one system or organ. According to a recent publication in the Journal of American Medical Association
(JAMA), over 1 in 10 healthcare workers who had recovered from COVID-19 were still coping with at least one moderate to severe symptom
eight months later. Several cohort studies have reported that persistence of symptoms following SARS-CoV-2 infection occurs in more than
30% of patients. There is currently no approved drug for the treatment of Long COVID.
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Posttraumatic
Stress Disorder, or PTSD
PTSD
is a chronic condition that may develop after a person is exposed to one or more traumatic events, such as warfare, sexual assault,
serious injury, or threat of imminent death. The core symptom clusters of PTSD are avoidance, emotional numbing, hyperarousal,
and intrusion, where the triggering traumatic event is commonly re-experienced by the individual through intrusive, recurrent
recollections, flashbacks, and nightmares. People with PTSD suffer significant impairment in their daily functioning, including
occupational activities and social relations, and are at elevated risk for impulsive violent behaviors toward others and themselves,
including suicide. Of those who experience a significant trauma, approximately 20% of women and 8% of men develop PTSD. An estimated
12 million adults annually in the U.S. suffer from PTSD. According to the U.S. Department of Veterans Affairs, the prevalence
rate of PTSD in the military population is higher than that among civilians. As of 2012, there were approximately 638,000 veterans
receiving treatment for PTSD in the Veterans Health Administration, or VHA. Based on March 2015 VHA data, more than 19% of military
veterans involved in recent conflicts in Iraq and Afghanistan were seen at VHA facilities for potential or provisional PTSD.
Many
patients fail to adequately respond to the medications approved for PTSD and approved medications show little evidence of a treatment
effect in men, lack evidence of efficacy in those for whom the traumatic event was combat-related, and carry suicidality warnings.
Sleep disturbances are central features of PTSD and are predictive of disease severity, depression, substance abuse, and suicidal
ideation, yet are resistant to the approved medications and present a difficult therapeutic challenge. Current PTSD treatments
include off-label use of anxiolytics, sedative-hypnotics, and antipsychotics, many of which lack reliable evidence of efficacy,
and several have significant safety liabilities and dependence risk.
Migraine
Headaches
Migraine
is a primary headache disorder characterized by recurrent headaches that are moderate to severe. Typically, episodes affect one
side of the head, are pulsating in nature, and last from a few hours to three days. Associated symptoms may include nausea, vomiting,
and sensitivity to light, sound, or smell. The pain is generally made worse by physical activity, although regular exercise may
have prophylactic effects. Up to one-third of people affected have aura, typically a short period of visual disturbance that signals
that the headache will soon occur. Occasionally, aura can occur with little or no headache following it. Approximately one billion
individuals worldwide suffer from migraine (~14% of the population). Migraine is the second leading cause of years lived with
disability. Chronic migraine (≥ 15 headache/migraine days per month) affects about 1-2% of individuals (~75-150 million individuals
worldwide; 3-7 million in the U.S.). CGRP antibodies are the only migraine specific prophylaxis drugs approved in decades, but
they require parenteral administration and there are long term safety concerns with prolonged systemic blockade of CGRP receptor.
Prader-Willi Syndrome
Prader-Willi syndrome (PWS) is
recognized as the most common genetic cause of life-threatening childhood obesity and affects males and females with equal frequency and
all races and ethnicities. The hallmarks of PWS are lack of suckling in infants and, in children and adults, severe hyperphagia, an overriding
physiological drive to eat, leading to severe obesity and other complications associated with significant mortality. PWS is an orphan
disease that occurs in approximately one in 15,000 births. There is currently no approved treatment for the obesity and hyperphagia in
adults and older children associated with PWS.
Major Depressive Disorder
According to the National Institute
of Mental Health, depression affects approximately 17 million adults in the U.S., with approximately 2.5 million adults treated with adjunctive
therapy. Depression is a condition characterized by symptoms such as a depressed mood or loss of interest or pleasure in daily activities
most of the time for two weeks or more, accompanied by appetite changes, sleep disturbances, motor restlessness or retardation, loss of
energy, feelings of worthlessness or excessive guilt, poor concentration, and suicidal thoughts and behaviors. These symptoms cause clinically
significant distress or impairment in social, occupational, or other important areas of functioning. The majority of people who suffer
from depression do not respond adequately to initial antidepressant therapy.
9
Infectious Diseases
COVID-19
SARS-CoV-2 is a contagious virus
causing the disease COVID-19 that became a global pandemic in 2019 and has resulted in more than three million deaths. While the infection
and mortality rates have slowed in regions of the world with high vaccination rates, the struggle with the pathogen is ongoing and evolving
since SARS-CoV-2 is mutating into new variants. COVID-19 is characterized by fever, sore throat, acute shortness of breath, cough, and
oxygen desaturation in the blood. At least three major variants have swept across the world in successive waves and overwhelmed healthcare
systems during these waves. With new variants of the virus emerging, therapeutic research is addressing the challenge of keeping up with
this rapidly mutating virus. The early vaccines have been effective in limiting the severity of disease in vaccinated individuals. Vaccines
that elicit strong T cell responses are believed to have the potential to provide long-term or durable protection.
Smallpox and Monkeypox
Smallpox is an acute contagious
disease caused by the variola virus, or VARV, which is a member of the orthopoxvirus family. Smallpox was declared eradicated in 1980
following a global immunization campaign. Smallpox is transmitted from person to person by infective droplets during close contact with
infected symptomatic people. Monkeypox is an acute contagious disease caused by the monkeypox virus or MPXV, which is also a member of
the orthopoxvirus family. Monkeypox symptoms are similar to those of smallpox, although less severe. Monkeypox is emerging as an important
zoonotic infection in humans in Central and West Africa. Some cases of monkeypox have been reported outside of Africa in patients who
had been infected while in Africa.
Smallpox was eradicated by a World
Health Organization program that vaccinated individuals with live replicating vaccinia vaccines wherever smallpox appeared. In the 1970s,
vaccination of civilians to protect against smallpox was discontinued in the U.S.; however, smallpox remains a material threat to national
security and a proportion of military personnel, including members of the Global Response Force continue to be vaccinated. We are developing
TNX-801 as a potential smallpox-preventing vaccine for the U.S. strategic national stockpile and for potential widespread immunization
in the event of malicious reintroduction of VARV.
Lead Product Candidates
We believe that our product candidates
offer innovative therapeutic approaches and may provide significant advantages relative to available therapies. We have worldwide commercialization
rights to all of our product candidates listed below. The following table summarizes our product candidates:
Product Candidate
Indication
Stage of Development
TNX-1500
Organ transplant rejection
Pre-IND; Phase 1 Start Expected 2H22
TNX-1300
Cocaine Intoxication
Phase 2 Ready
TNX-102 SL
Fibromyalgia
Mid-Phase 3
TNX-102 SL
Posttraumatic stress disorder
Phase 2 ready
TNX-102 SL
Long COVID
Pre-IND; Phase 2 Start Expected 1H22
TNX-1900
Binge eating disorder
Non-IND; Phase 2 Start Expected 2H22
TNX-1900
Migraine
Pre-IND; Phase 2 Start Expected 2H22
TNX-601 CR
Depression
Pre-IND; Phase 2 Start Expected 1Q23
TNX-801
Smallpox and monkeypox vaccine
Preclinical
TNX-1800/1840/1850
COVID-19 vaccine
Preclinical
TNX-2100
COVID-19 Skin test
Phase 1 ongoing
10
TNX-1500
TNX-1500 is a humanized mAb directed
against CD40-ligand, or CD40L, engineered to modulate binding to Fc receptors, that is being developed to prevent and treat organ transplant
rejection as well as to treat autoimmune conditions. TNX-1500 incorporates the antigen binding fragment (Fab) region of hu5c8, which has
been extensively characterized including at the atomic level in complex with CD40-ligand.
In experiments at the Massachusetts
General Hospital, a teaching hospital of Harvard Medical School, TNX-1500 is being studied as monotherapy or in combination with immunosuppressive
drugs in heart and kidney organ transplants in non-human primates. Preliminary results from an ongoing experiment in heart transplants
indicates that TNX-1500 appears to have comparable efficacy to historical experiments using the chimeric mouse/primate version of the
anti-CD40L mAb 5c8. In the non-human primate studies with TNX-1500 no evidence of thrombosis has been observed so far.
CD40-ligand
is a protein expressed on the surface of activated T lymphocytes that mediates T cell helper function. CD40-ligand is also known as CD154,
the T cell-B cell activating molecule (T-BAM), TRAP and gp39. CD154 is a member of the Tumor Necrosis Factor (TNF) Super Family. No mAb
against CD154 has been approved for commercial use anywhere in the world. Other TNF Super Family members have been successfully targeted
by antagonist mAbs. Approved mAbs against TNFα include: infliximab (Remicade®), adalimumab (Humira®), certolizumab pegol
(Cimzia®), and golimumab (Simponi®) for the treatment of certain autoimmune conditions. Also, etanercept (Enbrel®) is a TNFα
antagonist receptor fusion protein. An approved mAb against RANKL (CD254) is denosumab (Prolia® or Xgeva®) for the treatment of
osteoporosis, treatment-induced bone loss, metastases to bone, and giant cell tumor of bone.
In January 2021, the World Intellectual
Property Organization has published a patent application filed under the Patent Cooperation Treaty covering TNX-1500, a humanized mAb
directed against CD40-ligand, which is also known as CD154, T-BAM, 5c8 antigen, TRAP and gp39. The patent application is titled “Anti-CD154
Antibodies and Uses Thereof” and published under International Publication No. WO 2021/001458 A1. The application entered national phase in December 2021. The patent applications
include claims related to proprietary anti-human CD40-ligand mAbs that were engineered to have modified effector function, including TNX-1500,
which have reduced potential for Fc binding to FcγRII. The patent applications also claim uses of TNX-1500 for preventing and treating
conditions, such as organ transplant rejection and autoimmune disorders. If claims are granted, a patent
issuing from a national stage of this application could potentially provide U.S. patent coverage for the TNX-1500 composition of matter
through 2040 excluding possible patent term extensions or patent term adjustments. We also have filed a PCT patent application, PCT/US2022/011404, in January
2022, entitled “Methods of Inducing Immune Tolerance with Modified Anti-CD154 Antibodies.” It claims methods of inducing immune
tolerance in transplant recipients using anti-CD154 antibodies having modified effector functions. We expect to start a Phase 1 study of TNX-1500 in the second
half of 2022.
Remicade® and Simponi® are trademarks of Janssen;
Humira® is a trademark of AbbVie Inc.; Cimzia® is a trademark of UCB S. A.; Enbrel®, Prolia® and Xgeva® are trademarks
of Amgen Inc.
TNX-1300
TNX-1300 (T172R/G173Q double-mutant
cocaine esterase 200 mg, i.v. solution) is being developed for the treatment of cocaine intoxication. TNX-1300 is a recombinant protein
enzyme produced through rDNA technology in a non-disease-producing strain of E. coli bacteria. Cocaine Esterase (CocE) was identified
in bacteria (Rhodococcus) that use cocaine as the sole source of carbon and nitrogen and that grow in soil surrounding coca plants. 1
The gene encoding CocE was identified and the protein was extensively characterized. 1-4 CocE catalyzes the breakdown of cocaine
into metabolite ecgonine methyl ester and benzoic acid. Wild-type CocE is unstable at body temperature, so targeted mutations were introduced
in the CocE gene and resulted in the T172R/G173Q double-mutant CocE, which is active for approximately 6 hours at body temperature 5 .
Currently there is no specific
pharmacotherapy indicated for cocaine intoxication, a state characterized by acute agitation, hyperthermia, tachycardia, arrhythmias,
and hypertension, with the potential life-threatening sequalae of myocardial infarction, cerebrovascular accident, rhabdomyolysis, respiratory
failure, and seizures. Patients are currently managed only by supportive care for the adverse effects of cocaine overdose on the cardiovascular
and central nervous systems. By targeting the cause of cocaine intoxication, rather than the symptoms like other medicines in emergency
usage, we believe TNX-1300 may offer significant advantages to the current standard of care for cocaine overdose. TNX-1300 was developed
by Columbia University, University of Kentucky and University of Michigan, and in-licensed by Tonix from Columbia University in 2019.
TNX-1300 is designated as a breakthrough therapy by the FDA.
In a Phase 2 randomized, double-blind,
placebo-controlled clinical study, TNX-1300 at 100 mg or 200 mg i.v. doses was well tolerated and interrupted cocaine effects after cocaine
50 mg i.v. challenge. 6 Tonix expects to initiate a Phase 2 open-label, safety study of TNX-1300 to take place in emergency
departments in the U.S. in the first half of 2022.
As
a biologic and new molecular entity, TNX-1300 is eligible for 12 years of U.S. market exclusivity upon approval by the FDA, in addition
to expected patent protection through 2029. Since in-licensing, Tonix has requalified existing inventory, developed a lyophilized drug
product to facilitate enhanced stability and handling conditions applicable for an ER treatment, updated the process and analytical methods
to current standards and are in the process of manufacturing Phase 2/3 drug product clinical supply.
1 Bresler MM, Rosser SJ, Basran A, Bruce
NC. Gene cloning and nucleotide sequencing and properties of a cocaine esterase from Rhodococcus sp. strain MB1. Appl Environ Microbiol.
2000. 66(3):904-8.
2 Larsen NA, Turner JM, Stevens J, Rosser
SJ, Basran A, Lerner RA, Bruce NC, Wilson IA. Crystal structure of a bacterial cocaine esterase. Nat Struct Biol. 2002. 9(1):17-21.
3 Turner JM, Larsen NA, Basran A, Barbas
CF 3rd, Bruce NC, Wilson IA, Lerner RA. Biochemical characterization and structural analysis of a highly proficient cocaine esterase.
Biochemistry. 2002. 41(41):12297-307.
4 Gao D, Narasimhan DL, Macdonald J, Brim
R, Ko MC, Landry DW, Woods JH, Sunahara RK, Zhan CG. Thermostable variants of cocaine esterase for long-time protection against cocaine
toxicity. Mol Pharmacol. 2009. 75(2):318-23 .
5 Overdose Death Rates - National Institute
on Drug Abuse - https://www.drugabuse.gov/related-topics/trends-statistics/overdose-death-rates; accessed May 11, 2019
6 Nasser AF, Fudala PJ, Zheng B, Liu Y,
Heidbreder C. A randomized, double-blind, placebo-controlled trial of RBP-8000 in cocaine abusers: pharmacokinetic profile of rbp-8000
and cocaine and effects of RBP-8000 on cocaine-induced physiological effects. J Addict Dis. 2014;33(4):289-302.
11
TNX-102
SL
Overview
TNX-102
SL, in clinical development for registration in five indications. TNX-102 SL is a proprietary sublingual tablet formulation of
CBP that efficiently delivers CBP across the oral mucosal membrane into the systemic circulation. We are developing TNX-102 SL
as a bedtime treatment for FM, PTSD, PASC or Long Covid and AAD and AUD. We own all rights to TNX-102 SL in all geographies, and
we bear no obligations to third-parties for any future development or commercialization. Excipients used in TNX-102 SL are approved
for pharmaceutical use. Some of the excipients were specially selected to promote a local oral environment that facilitates mucosal
absorption of cyclobenzaprine or CBP.
The
current TNX-102 SL sublingual tablets contain 2.8 mg of CBP. For the treatment of FM, TNX-102 SL 5.6 mg (two 2.8 mg tablets) at
bedtime is in Phase 3 development. We selected this dose with the goal of providing a balance of efficacy, safety, and tolerability
that would be acceptable as a first-line therapy and for long-term use, and in-patient populations characterized by burdensome
symptoms and sensitivity to medications.
The
active ingredient in TNX-102 SL, is CBP, a serotonin-2A and alpha-1 adrenergic receptor antagonist as well as an inhibitor of
serotonin and norepinephrine reuptake. In addition, TNX-102 SL acts upon other receptors in the central nervous system including
muscarinic M 1 and histaminergic H 1 receptors.
CBP
is the active ingredient of two products that are approved in the U.S. for the treatment of muscle spasm: Flexeril ® (5
mg and 10 mg oral immediate-release, or IR, tablet) and Amrix ® (15 mg and 30 mg oral extended-release capsule).
The Flexeril brand of CBP IR tablet has been discontinued since May 2013. There are numerous generic versions of CBP IR tablets
on the market. CBP-containing products are approved for short term use (two to three weeks) only as an adjunct to rest and physical
therapy for relief of muscle spasm associated with acute, painful musculoskeletal conditions. CBP IR tablets are recommended for
three times per day dosing, which results in relatively stable blood levels of CBP after several days of treatment. Extended-release
CBP capsules taken once a day mimic, and flatten, the pharmacokinetic profile of three times per day CBP IR tablets.
We
designed TNX-102 SL to be administered once-daily at bedtime and with the intention for long-term use. We believe the selected
dose of TNX-102 SL and its unique pharmacokinetic profile will enable it to achieve a desirable balance of efficacy, safety, and
tolerability. Our Phase 1 comparative trials showed that, on a dose-adjusted basis, TNX-102 SL results in faster systemic absorption
and significantly higher plasma levels of CBP in the first hour following sublingual administration relative to oral IR CBP tablets.
It also showed that the sublingual route of administration, which largely bypasses the “first pass” hepatic metabolism
that swallowed medications undergo, results in a higher plasma ratio of CBP to its main active metabolite, norcyclobenzaprine.
In clinical studies, TNX-102 SL 2.8 mg and TNX-102 SL 5.6 mg were generally well-tolerated, with no drug-related serious and unexpected
adverse reactions reported in these studies. Some subjects experienced transient numbness of the tongue after TNX-102 SL administration.
We
have successfully completed the pivotal exposure bridging study with TNX-102 SL compared to Amrix. Results from this study
support the approval of TNX-102 SL under Section 505(b)(2) of the Federal Food, Drug and Cosmetic Act, or FDCA, with Amrix as
the reference listed drug, or RLD. In general, the development timeline for a 505(b)(2) NDA is shorter and less expensive than
an NDA developed under Section 505(b)(1), which is for new chemical entities, or NCEs, that have never been approved in the U.S.
We believe that TNX-102 SL has the potential to provide clinical benefit to FM, PTSD and Long COVID patients and possibly other
CNS (central nervous system) indications that are underserved by currently marketed products or have no approved treatment.
TNX-102
SL – FM program
We
are developing TNX-102 SL as a bedtime treatment for FM under an active IND application. The potential approval of TNX-102 SL
for FM is expected to be under Section 505(b)(2) of the FDCA.
12
Clinical
Development Plan
Phase
3 RALLY Study (F306)
The
Phase 3 RALLY study is clinically complete. We enrolled the first patient in September 2020. The RALLY study is a double-blind,
randomized, placebo-controlled adaptive design trial designed to evaluate the efficacy and safety of TNX-102 SL in FM. The trial
was expected to enroll approximately 670 patients across approximately 40 U.S. sites. For the first two weeks of treatment, there
was a run-in period in which patients started on TNX-102 SL 2.8 mg (1 tablet) or placebo. After the first two weeks, all patients
had the dose increased to TNX-102 SL 5.6 mg (2 x 2.8 mg tablets) or two placebo tablets for 12 weeks. The primary endpoint was
daily diary pain severity score change from baseline to Week 14 (using the weekly averages of the daily numerical rating scale
scores), analyzed by mixed model repeated measures with multiple imputation.
The
RALLY study had one pre-specified unblinded interim analysis by an Independent Data Monitoring Committee, or IDMC, to be conducted
when the study has results from approximately the first 50% of efficacy-evaluable patients. In July 2021, we reported interim
analysis and, based on the recommendation from the IDMC that the RALLY trial was unlikely to demonstrate a statistically significant
improvement in the primary endpoint, we stopped enrollment of new participants but allowed those participants who were already
enrolled to complete the study. We expect to report topline data from the completed study in the first quarter of 2022. We expect
to analyze the RALLY results to improve the design of subsequent Phase 3 studies. In addition, we plan to employ pharmacogenomic
techniques to compare the RALLY and RELIEF study populations, which may provide a path to precision medicine-based companion diagnostics
for TNX-102 SL in FM.
Tonix
intends to initiate a new Phase 3 study in FM, F307, in the first half of 2022. Following analysis of F306 results, including
pharmacogenomic comparison of RELIEF and RALLY, Tonix may modify the protocol for this next Phase 3 study.
Completed
Phase 3 RELIEF Study (F304)
In
the fourth quarter of 2020, we announced the results of a randomized, double-blind, placebo-controlled, 12-week Phase 3 study
of TNX-102 SL in 503 participants with FM, which we refer to as the RELIEF study. The primary objective of this study was to evaluate
the potential clinical benefit of using TNX-102 SL to treat FM at a dose of 5.6 mg, administered sublingually once daily at bedtime
for 12 weeks. The primary endpoint of the RELIEF trial was the daily diary pain severity score change from baseline to Week 14
(using the weekly averages of the daily numerical rating scale scores), analyzed by mixed model repeated measures with multiple
imputation. The RELIEF study achieved statistical significance on the primary efficacy endpoint: change from baseline in the weekly
average of daily diary pain severity numerical rating scale (NRS) scores for TNX-102 SL 5.6 mg (LS mean [SE]: -1.9 [0.12] units)
versus placebo (-1.5 [0.12] units), analyzed by mixed model repeated measures with multiple imputation (LS mean [SE] difference:
-0.4 [0.16] units, p=0.010). The statistically significant improvement in pain is further substantiated when diary pain was analyzed
by another standard statistical approach, a 30 percent responder analysis, with 46.8% on active and 34.9% on placebo having a
30 percent or greater reduction in pain (logistic regression; odds ratio [95% CI]: 1.67 [1.16, 2.40]; p=0.006). Consistent with
the proposed mechanism that TNX-102 SL acts in fibromyalgia through improving sleep quality, TNX-102 SL showed nominal improvement
of sleep by several measures. For daily diary sleep quality ratings, TNX-102 SL (-2.0 [0.12] units) compared to placebo (-1.5
[0.12] units) was nominally significant (LS mean difference: -0.6 [0.17] units; p<0.001). For the PROMIS Sleep Disturbance
instrument, TNX-102 SL was also nominally significant over placebo on T-scores (LS mean difference: -2.9 [0.82] units; p<0.001).
The effect sizes on the diary sleep ratings and PROMIS Sleep Disturbance instrument were 0.31 and 0.32, respectively.
In
the RELIEF study, TNX-102 SL was similarly well tolerated as in the Phase 2 BESTFIT and Phase 3 AFFIRM studies, which both studied
TNX-102 SL at a lower dose of 2.8 mg daily. There were no new safety signals observed in the RELIEF study at the 5.6 mg daily
dose. Among participants randomized to the TNX-102 SL and placebo arms, 82.3% and 83.5%, respectively, completed the 14-week dosing
period. As expected based on prior TNX-102 SL studies, administration site reactions are the most commonly reported adverse events
and were higher in the TNX-102 SL treatment group, including rates of oral numbness (17.3% vs. 0.8%), oral pain/discomfort (11.7%
v. 2.0%), taste impairment (6.5% vs. 0.4%), and oral tingling (5.6% v. 0.4%). Oral numbness or tingling and taste impairment were
local administration site effects nearly always temporally related to dose administration and transiently expressed (<60 minutes)
in almost all occurrences. The only systemic treatment-emergent adverse events that occurred at a rate of 5.0% or greater in either
arm was somnolence/sedation at 5.6 percent in the TNX-102 SL arm vs. 1.2% in placebo, which was consistent with known side effects
of marketed oral cyclobenzaprine. Adverse events resulted in premature study discontinuation in 8.9% of those who received TNX-102
SL compared with 3.9% of placebo recipients. There were a total of seven serious adverse events reported during the study, none
of which were deemed related to investigational product; five in placebo arm, and two in TNX-102 SL arm. Of the two in the TNX-102
SL arm, one was a motor vehicle accident with multiple bone fractures, and the other was a pneumonia secondary to an infection.
Completed
Phase 3 AFFIRM Study (F301)
In
the third quarter of 2016, we announced the results of a randomized, double-blind, placebo-controlled, 12-week Phase 3 study of
TNX-102 SL in 519 participants with FM, which we refer to as the AFFIRM study. The primary objective of this study was to evaluate
the potential clinical benefit of using TNX-102 SL to treat FM at a dose of 2.8 mg, administered sublingually once daily at bedtime
for 12 weeks. The primary endpoint of the AFFIRM trial was the 30% pain responder analysis in which a responder is defined as
a subject for whom pain intensity was reduced by at least 30% at Week 12 as compared to baseline. AFFIRM did not achieve statistical
significance at the primary endpoint (p=0.095). Yet, statistical significance was achieved when pain was analyzed instead
as a continuous variable, either by MMRM (p<0.001) or by MMRM with multiple imputation for missing data (p=0.005), a generally
accepted approach to pain data. TNX-102 SL also showed statistically significant improvements in the declared secondary analyses
of the Patient Global Impression of Change, or PGIC (p=0.038) and the Fibromyalgia Impact Questionnaire-Revised, or FIQ-R (p<0.001).
The study also showed statistically significant improvement with TNX-102 SL on measures of sleep quality, including the Patient-Reported
Outcomes Measurement Information System, or PROMIS, Sleep Disturbance instrument (p<0.001).
13
TNX-102
SL was well tolerated in the AFFIRM trial. Among patients randomized to the active and control arms, 78% and 86%, respectively,
completed the 12-week dosing period. The most common adverse events were local in nature, with transient tongue or mouth numbness
occurring in 40% of participants on TNX-102 SL vs. 1% on placebo. These local adverse events did not appear to affect either rates
of retention of study participants or their compliance with taking TNX-102 SL. Systemic adverse events were similar between TNX-102
SL and placebo. No serious adverse events were reported.
Other
NDA Requirements
The
Agreed Initial Pediatric Study Plan, or Agreed iPSP, was accepted by the FDA in September 2015. An amendment to the Agreed iPSP
will be submitted for FDA agreement prior to marketing application.
Based
on our discussions with the FDA and the FDA official meeting minutes, we will not have to conduct special populations, such as
geriatric and renal/hepatic impaired patients, drug-drug interaction or cardiovascular safety studies to support the TNX-102 SL
NDA filing since the pivotal systemic exposure bridging study using Amrix as the reference listed drug, or RLD, has been successfully
completed. Due to the well-established safety profile of CBP at much higher doses than we proposed for FM and the long-term safety
data in PTSD, up to 15 months, on TNX-102 SL 5.6 mg, the FDA has not requested a risk management plan or medication guide for
this product.
Phase
1 Bioequivalence, Bridging PK, Food-Effect and Dose-Proportionality Studies
We
have completed the required Phase 1 bioequivalence, multi-dose bridging pharmacokinetic, and food effect and dose-proportionality
studies.
Cyclobenzaprine
Hydrochloride Nonclinical Development
In
October 2016, we completed the six-month repeated-dose toxicology study of the active ingredient, CBP, in rats and a nine-month
repeated-dose toxicology study in dogs required for the NDA filing. These chronic toxicity studies were requested by the FDA to
augment the nonclinical information in the AMRIX prescribing information, or labeling, which is necessary to support the TNX-102
SL labeling for long-term use. Due to the lack of evidence of potential abuse in clinical studies of TNX-102 SL, the FDA agreed
that nonclinical study to assess CBP abuse and dependency potential is not required to support the TNX-102 SL NDA filing.
Tonix
is planning to develop TNX-102 SL for the treatment of FM in Japan. Cyclobenzaprine, the active ingredient of TNX-102 SL, has
not been approved in Japan, and is considered a NCE (new chemical entity). In February 2022, Tonix held an End of Phase 2 Consultation
with the Pharmaceuticals and Medical Devices Agency, or PMDA, an independent administrative institution responsible for ensuring
the safety, efficacy and quality of pharmaceuticals and medical devices in Japan, to discuss the Japan development plan. Agreement
was reached on the design of a Phase 1 bridging study (TNX-CY-F108/F108) in ethnic Japanese healthy volunteers to enable clinical
studies of TNX-102 SL in Japan. PMDA also provided guidance on the overall nonclinical package to support a Japan NDA filing for
TNX-102 SL for the treatment of FM.
The
F108 Phase 1 study will be initiated in March 2022.
Tonix
has initiated nonclinical safety, pharmacology and embryo-fetal development toxicology studies as part of the agreed IND-enabling nonclinical
data package to support clinical studies of TNX-102 SL in Japan.
TNX
102 SL – Long COVID Program
We are developing TNX-102 SL as
a bedtime treatment for Long COVID. The potential approval of TNX-102 SL for Long COVID is expected to be under Section 505(b)(2) of the
FDCA.
Tonix completed a pre-IND meeting
with the FDA in August 2021 to develop TNX-102 as a potential treatment for Long COVID. Tonix expects to initiate a Phase 2 study of TNX-102
SL as an indicated treatment for a subset of patients affected by Long COVID whose symptoms overlap with fibromyalgia. Long COVID is a
protracted syndrome experienced by many people following SARS-CoV-2 infection that can include a number of persistent disabling symptoms,
including fatigue, widespread pain, sleep disturbance, brain fog or difficulty concentrating, arthralgias, diffuse myalgia, olfactory
dysfunction, and headache. The Phase 2 study will focus on Long COVID patients whose primary symptoms overlap with fibromyalgia, and,
therefore, the Long COVID program leverages learnings about the pharmacodynamic activity of TNX-102 SL from more than 1,000 participants
who have been or are enrolled in Tonix’s fibromyalgia trials to date. Long COVID has been compared to fibromyalgia because of the
common symptoms of sleep disturbance, persistent widespread pain, fatigue, and brain fog. Additionally, Long COVID, like fibromyalgia,
is experienced by women at a rate approximately four times that of men.
14
TNX-102
SL – Posttraumatic Stress Disorder Program
We
are developing TNX-102 SL as a bedtime treatment of PTSD under an active IND application. The potential approval of TNX-102 SL
for PTSD is expected to be under Section 505(b)(2) of the FDCA.
Phase
3 RECOVERY Study (P302)
We
initiated the RECOVERY study (P302) in March 2019. The RECOVERY Phase 3 study was a double-blind, randomized, placebo-controlled
study of TNX-102 SL 5.6 mg (2 x 2.8 mg sublingual tablets) over 12 weeks of treatment. The RECOVERY study was conducted at approximately
30 U.S. sites. The study planned to enroll 250 participants with civilian and military-related PTSD. RECOVERY
restricts enrollment of study participants to individuals with PTSD who experienced an index trauma within nine years of screening.
The two previous PTSD studies of TNX-102 SL (P201 and P301) restricted enrollment to participants who experienced traumas during
military service since 2001. The primary efficacy endpoint in P302 was the Week 12 mean change from baseline in the severity
of PTSD symptoms as measured by CAPS-5 between those treated with TNX-102 SL and those receiving placebo. Based on interim
analysis results of the first 50% of enrolled participants, an Independent Data Monitoring Committee recommended stopping the
Phase 3 RECOVERY trial (P302) in PTSD for futility as TNX-102 SL was unlikely to demonstrate a statistically significant improvement
in the primary endpoint of overall change from baseline in the severity of PTSD symptoms between those treated with TNX-102 SL
and those receiving placebo. New enrollment for the RECOVERY study was stopped in February 2020, but we continued studying those
participants currently enrolled until completion and proceeded with a full analysis of the unblinded data to determine the next
steps in this program. Topline data was reported during the fourth quarter of 2020, which revealed that the RECOVERY study did
not achieve statistical significance in the prespecified primary efficacy endpoint of change from baseline to Week 12 in the CAPS-5
between TNX-102 SL and placebo (p=0.343). TNX-102 SL separated from placebo in the first key secondary endpoint, CGI-S scale (p=0.024)
and in the PGIC, (p=0.007). TNX-102 SL also trended for improvement on the PROMIS Sleep Disturbance scale (p=0.055), consistent
with the proposed mechanism of targeting the PTSD sleep disturbance. TNX-102 SL is generally well tolerated and no new safety
signals were observed. Tonix met with the FDA to discuss potential new endpoints for the indication of treatment of PTSD. The
new PTSD study can use 1 month look-back CAPS-5 as endpoint v. 1 week look-back.
Tonix
intends to initiate a new Phase 2 study of TNX-102 SL in police in Kenya in the first half of 2022.
Discontinued
Phase 3 HONOR Study (P301)
In
the third quarter of 2018, we announced the results of a randomized, double-blind, placebo-controlled Phase 3 study of TNX-102
SL, planned for enrollment of approximately 550 participants with military-related PTSD conducted at approximately 40 U.S. sites,
which we refer to as the HONOR study. This study was an adaptive design study based on the results of the Phase 2 AtEase study.
The study design was very similar to the Phase 2 AtEase study, except there was one planned IA and the involvement of an
IDMC, which reviewed the unblinded IA results. In addition, only one active dose (5.6 mg administered as 2 x 2.8 mg tablets) was
investigated and the baseline severity entrance criterion was a CAPS-5 total score ≥ 33 in this Phase 3 study. The primary
efficacy endpoint of the HONOR study was the 12-week mean change from baseline in the severity of PTSD symptoms as measured by
the Clinician-Administered PTSD Scale for DSM-5, or CAPS-5, between those treated with TNX-102 SL and those receiving placebo.
The CAPS-5 is a standardized structured clinical interview and serves as the standard in research for measuring the symptom severity
of PTSD. The IA was conducted when approximately 50% of the initially planned participant enrollment was evaluable for efficacy.
HONOR was discontinued after the results of the IA indicated a pre-defined threshold p-value for continuing enrollment was not
achieved, i.e. IDMC recommended stopping for futility. The modified Intent-to-Treat (mITT) population analyzed at the time
of the IA included 252 participants.
The
most common adverse events were mostly related to local administration site reactions, such as oral hypoaesthesia (37.3%), abnormal
product taste (11.9%), and oral paraesthesia (9.7%). The most common systemic adverse event was somnolence (15.7%).
Retrospective
analysis of the HONOR study revealed a treatment effect in participants who experienced trauma less than or equal to nine years
prior to screening. In the participants who experienced trauma within nine years, the p-value of the CAPS-5 primary endpoint at
Week 12, using mixed model repeated measures with multiple imputation (MMRM with MI), was 0.039, with a least-squares mean difference
from placebo of -5.9 units. In contrast, there was no difference in CAPS-5 in the participants who experienced trauma more than
nine years prior to screening compared to placebo. This analysis defined an optimal treatment window for treatment with TNX-102
SL for PTSD of the first nine years after the index trauma that resulted in PTSD and guided the design of the next Phase 3 study
in PTSD, RECOVERY.
15
Long-Term
Safety Exposure Study for TNX-102 SL
In
October 2019, we completed long-term safety exposure studies in participants with PTSD to evaluate the tolerability of TNX-102
SL 5.6 mg to support an NDA for the treatment of PTSD. The data provide us with exposure data of daily dosing of TNX-102
SL 5.6 mg for at least 12 months in more than 50 individuals, and daily dosing of TNX-102 SL 5.6 mg for at least 6 months in more
than 100 individuals. The data was collected in OLE studies of the PTSD program. Based on the FDA’s guidance, the
long-term safety exposure studies in PTSD are also expected to support an NDA for the management of FM.
Other
NDA Requirements
An
Agreed Initial Pediatric Study Plan, or Agreed iPSP, is required for the initial NDA submission. We submitted a revised iPSP in
the first quarter of 2017, which incorporated the FDA comments received on our iPSP submitted in the third quarter of 2016. Additional
comments from the FDA were received in second quarter of 2017 on our revised iPSP. We plan to submit an Agreed PSP once a therapeutic
dose in adults is established. An acceptable Pediatric Study Plan will be determined at the time of the NDA approval.
Based
on our discussions with the FDA and the FDA official meeting minutes, we will not have to conduct special populations (geriatric
and renal/hepatic impaired), drug-drug interaction or cardiovascular safety studies to support the TNX-102 SL NDA filing since
the pivotal systemic exposure bridging study using AMRIX as the reference listed drug, or RLD, has been successfully completed.
Due to the well-established safety profile of CBP at much higher doses than we proposed for PTSD and the long-term safety data
(up to 15 months) on TNX-102 SL 2.8 mg in a prior FM program, the FDA has not requested a risk management plan or medication guide
for this product.
Manufacturing
TNX-102
SL drug product for Phase 3 and the associated registration batches for the NDA were manufactured at commercial cGMP facilities.
We currently have in excess of 24 months stability data in the proposed packaging configurations ready for commercialization.
The FDA has reviewed the proposed CMC data package to support TNX-102 SL’s NDA approval and commercial manufacturing plans
as part of the IND process. Tonix is ready to manufacture TNX-102 SL commercial product for the forecasted FM market.
TNX-1900
TNX-1900
(intranasal potentiated oxytocin) is a proprietary formulation of oxytocin in development for BED, prophylaxis of chronic migraine
and for the treatment of craniofacial pain, insulin resistance and related conditions. In 2020, TNX-1900 was acquired from Trigemina,
Inc. and licensed from Stanford University. TNX-1900 is a drug-device combination product, based on an intranasal actuator device
that delivers oxytocin into the nose.
Oxytocin
is a naturally occurring human hormone that acts as a neurotransmitter in the brain. Oxytocin has no recognized addiction potential.
It has been observed that low oxytocin levels in the body can lead to increase in migraine headache frequency, and that increased
oxytocin levels can relieve migraine headaches. Certain other chronic pain conditions are also associated with decreased oxytocin
levels. Migraine attacks are caused, in part, by the activity of pain-sensing trigeminal nerve cells which, when activated, release
of CGRP which binds to receptors on other nerve cells and starts a cascade of events that is believed to result in headache. Oxytocin
when delivered via the nasal route, concentrates in the trigeminal system 1 resulting in binding of oxytocin to receptors
on neurons in the trigeminal system, inhibiting the release of CGRP and transmission of pain signals. 2 Blocking CGRP
release is a distinct mechanism compared with CGRP antagonist and anti-CGRP antibody drugs, which block the binding of CGRP to
its receptor.
With
TNX-1900, the addition of magnesium to the oxytocin formula enhances oxytocin receptor binding 3 as well as its effects
on trigeminal neurons and craniofacial analgesic effects in animal models 5 . Intranasal oxytocin has been well tolerated
in several clinical trials in both adults and children 4 . Targeted nasal delivery results in low systemic exposure and
lower risk of non-nervous system, off-target effects which could potentially occur with systemic CGRP antagonists such as anti-CGRP
antibodies 6 . For example, CGRP has roles in dilating blood vessels in response to ischemia, including in the heart.
We believe nasally targeted delivery of oxytocin could translate into selective blockade of CGRP release in the trigeminal ganglion
and not throughout the body, which could be a potential safety advantage over systemic CGRP inhibition. In addition, daily dosing
is more quickly reversible, in contrast to monthly or quarterly dosing, as is the case with anti-CGRP antibodies, giving physicians
and their patients greater control.
We
intend to initiate a Phase 2 study in chronic migraine in the second half of 2022. We also plan to develop TNX-1900 for treatment
of episodic migraine, craniofacial pain and insulin resistance. Tonix has a license with the University of Geneva to use TNX-1900
for the treatment of insulin resistance and related conditions. TNX-1900 is also being studied as a potential treatment for binge
eating disorder in an investigator-initiated Phase 2 clinical trial. The Phase 2 clinical trial is expected to start in the second
half of 2022. In March 2022, we announced an agreement with Massachusetts General Hospital, a teaching hospital of Harvard Medical
School, to conduct this study. Tonix does not own this IND.
1
Yeomans DC, et al. Transl Psychiatry. 2021. 11(1) :388.
2
Tzabazis A, et al. Cephalalgia. 2016. 36(10):943-50.
3
Antoni FA and Chadio SE. Biochem J. 1989. 257(2):611-4.
4
Yeomans, DC et al. 2017. US patent US2017368095.
5
Cai Q, et al., Psychiatry Clin Neurosci. 2018. Mar;72(3):140-151.
6
MaassenVanDenBrink A, et al. Trends Pharmacol Sci. 2016. 37(9):779-788.
16
TNX-2900
TNX-2900
is based on Tonix’s patented intranasal potentiated oxytocin formulation, or TNX-1900, but being developed for Prader-Willi
syndrome. Tonix licensed technology using oxytocin-based therapeutics for the treatment of Prader-Willi syndrome and non-organic
failure to thrive disease from the French National Institute of Health and Medical Research (Inserm). The licensing agreement
has been negotiated and signed by Inserm Transfert, the private subsidiary of Inserm, on behalf of Inserm (the French National
Institute of Health and Medical Research), Aix-Marseille Université and Centre Hospitalier Universitaire of Toulouse. Prader-Willi
syndrome is recognized as the most common genetic cause of life-threatening childhood obesity and affects males and females with
equal frequency and all races and ethnicities. There is currently no approved treatment for either the suckling deficit in infants
or the obesity and hyperphagia in older children associated with Prader-Willi syndrome. Since Prader-Willi syndrome is an orphan
disease that occurs in approximately one in 15,000 births, Tonix has been granted Orphan Drug Designation for TNX-2900 by the
FDA.
In
2022, Tonix entered into a research collaboration with Inserm involving in vitro and in vivo animal studies designed
to validate and characterize the role of oxytocin in suckling and in the maturation of feeding behavior during infancy in order
to support an intranasal therapeutic approach to restore a normal nutritive suckling. The studies will include mice that have
been engineered to precisely recapitulate the genetic issue underlying Prader-Willi in humans. The mechanisms involved in suckling
activity required for normal feeding and the role of oxytocin system in this process will be investigated. The results of this
work are expected to be useful in the clinical care of infants requiring support to achieve efficient suckling behavior. Intranasal
oxytocin has previously been shown to improve suckling in newborn animals and suppress feeding behaviors in adult animal models.
Our
preclinical pipeline of drugs and biologic candidates includes TNX-801, a smallpox vaccine, TNX-3500, a COVID-19 antiviral; TNX-3600,
a COVID-19 therapeutic platform; TNX-3700, a COVID-19 vaccine; TNX-701, a drug candidate for radioprotection; TNX-1700 a preclinical
candidate for cancers of the gastrointestinal system and TNX-1600, a preclinical candidate for PTSD, ADHD and depression.
TNX-601
CR
TNX-601
CR is a novel oral formulation of tianeptine oxalate designed for once-daily daytime dosing that is currently in development for
the treatment of major depressive disorder (MDD), but may also be developed for PTSD and neurocognitive disorder from corticosteroids.
Tianeptine sodium (amorphous) immediate release was first marketed for depression in France in 1989 and has been available for
decades in Europe, Russia, Asia, and Latin America for the treatment of depression. Tianeptine sodium has an established safety
profile from decades of use in these jurisdictions. Currently there is no tianeptine-containing product approved in the U.S. and
no controlled-release tianeptine product approved in any jurisdiction. Tonix discovered a novel oxalate salt of tianeptine that
may provide improved stability, consistency, and manufacturability compared to known forms of tianeptine. Tianeptine is believed
to work in depression as a modulator of the glutamatergic system. Tianeptine modulates the glutamatergic system indirectly since
it does not directly bind to NMDA, AMPA or kainate receptors. In animals, tianeptine has been shown to reverse the adverse neuroplastic
changes that are observed during periods of stress and elevated corticosteroid exposure. Tianeptine and its MC5 metabolite are
weak µ-opioid receptor agonists. Tonix has added naloxone to the TNX-601 CR tablet to mitigate potential for parenteral
abuse as tianeptine has been linked to illicit misuse at much higher doses than the reported therapeutic dose in the treatment
of MDD. Neither tianeptine nor MC5 have been shown to bind other neurotransmitter receptors. Tianeptine’s reported pro-cognitive
and anxiolytic effects as well as its ability to attenuate the neuropathological effects of excessive stress responses suggest
that it may also be used to treat post-traumatic stress disorder by a different mechanism of action than TNX-102 SL.
We
intend to develop TNX-601 CR under Section 505(b)(2) of the FDCA. Tonix completed a Phase 1 clinical trial for formulation development
outside of the U.S in 2019. Based on this study, the final formulation of TNX-601 CR to be used in Phase 2 testing will be 39.4
mg tianeptine oxalate and 1 mg naloxone for once daily treatment of MDD. Naloxone is included in the formulation to mitigate the
potential for high dose parenteral abuse. Tianeptine has weak off-target activity at the µ-opioid receptor that presents
the potential for parenteral abuse with doses on the order of eight to 80 times the therapeutic daily dose for depression. Based
on official minutes from a pre-IND meeting with the FDA, we expect to initiate a pharmacokinetic study,
in the third quarter of 2022, and a Phase 2 study in the first quarter of 2023.
17
The
Phase 2 study, expected to start in the first quarter of 2023, is expected to be a randomized, double-blind, placebo-controlled,
parallel group study to evaluate the efficacy and safety of TNX-601 CR monotherapy compared to placebo in MDD. Treatment duration
will be six weeks, preceded by up to five weeks in screening and followed by a two-week safety follow-up period (total up to 13
weeks of participation). We plan to randomize approximately 260 individuals with MDD at a 1:1 ratio to two arms of 130 each for
drug and placebo at approximately 25-30 U.S. sites. The primary efficacy endpoint will be the change from baseline to Week 6 in
the Montgomery-Åsberg Depression Rating Scale (MADRS) total score.
TNX-801
– Potential Smallpox and Monkeypox Vaccine
TNX-801
is a novel potential smallpox-preventing vaccine based on a synthetic version of live horsepox virus, grown in cell culture. Though
it shares structural characteristics with vaccinia-based vaccines, TNX-801 has unique properties that we believe indicate potential
safety advantages over existing live replicating vaccinia virus vaccines, which have been associated with adverse side effects
such as myopericarditis in some individuals. Emergent BioSolutions’ ACAM2000 ® is the only replicating
vaccinia virus vaccine currently approved by the FDA to protect against smallpox. We believe replicating virus vaccines have potential
efficacy advantages over non-replicating vaccines, relating to the stimulation of cell mediated immunity. Bavarian Nordic’s
Jynneos ® is the only non-replicating virus vaccine currently approved by the FDA to protect against smallpox and
monkeypox. We believe TNX-801 has the potential to have improved tolerability relative to replicating vaccinia vaccines and the
potential to have improved efficacy relative to non-replicating vaccinia vaccines.
Smallpox
was eradicated by a World Health Organization program that vaccinated individuals with live replicating vaccinia vaccines wherever
smallpox appeared. In the 1970s, vaccination of civilians to protect against smallpox was discontinued in the U.S.; however, smallpox
remains a material threat to national security and a proportion of military personnel, including members of the Global Response
Force, continue to be vaccinated. We are developing TNX-801 as a potential smallpox-preventing vaccine for the U.S. strategic
national stockpile and for potential widespread immunization in the event of malicious reintroduction of variola, the virus that
causes smallpox.
Monkeypox
is a growing problem in certain regions of Africa. Some cases of monkeypox have been reported outside of Africa in patients who
had been infected while in Africa.
In
January 2020 at the American Society of Microbiology Biothreats conference, we reported the results of experiments on TNX-801
that were performed in collaboration with Southern Research, that showed TNX-801 vaccinated macaques were protected against monkeypox
challenge. The TNX-801 vaccinated macaques showed no overt clinical signs after monkeypox challenge. Furthermore, eight of eight
animals vaccinated with two different doses of TNX-801 showed no lesions after monkeypox challenge.
We
have filed a patent application to protect the TNX-801 vaccine candidate. In addition, we expect that TNX-801 will be eligible for
12 years of non-patent-based exclusivity under the Patient Protection and Affordable Care Act, or PPACA. Following the passage of
the 21st Century Cures Act, a law designed to help accelerate medical product development, we believe TNX-801 will qualify as a
medical countermeasure and would therefore be eligible for a Priority Review Voucher upon receiving FDA approval. However, the
Priority Review Voucher program provision of the 21st Century Cures Act is set to expire in 2023. If TNX-801 does not receive FDA
approval by 2023, we may not be able to capitalize on the incentives contained in the 21st Century Cures Act unless the provision
allowing for the Priority Review Voucher Program is extended until such time as TNX-801 is approved by the FDA.
We
intend to meet with the FDA to discuss the most efficient and appropriate investigational plan for TNX-801, to establish the safety
and effectiveness evidence to support the licensure TNX-801. We are currently working to develop a vaccine that meets cGMP quality
to support a clinical study.
TNX-1840
and TNX-1850 – Potential COVID-19 Vaccines
Tonix’s
infectious disease portfolio includes a platform for vaccines for COVID-19. TNX-1800 is live virus vaccine based on Tonix’s
RPV platform that expresses the SARS-CoV-2 spike protein from the ancestral Wuhan strain. Because the subsequent omicron variant
has out-competed the ancestral Wuhan strain, we are now planning new versions of this vaccine, TNX-1840 and TNX-1850, that express
spike protein from the omicron variant and from the BA.2 variant, respectively. Each of these RPV vaccines is being developed
to protect against COVID-19 primarily by eliciting T cell responses. The COVID-19 vaccines that are approved for use, or have
emergency use authorization, or EUA, in the U.S. have provided significant health benefits to the vaccinated population; however,
they are showing limitations in the durability of protection conferred and in their ability to block forward transmission. Live
virus vaccines that protect against other viral diseases by eliciting T cell responses have shown durability of protection that
lasts years to decades and some live virus vaccines have significantly inhibited forward transmission.
We
reported positive efficacy data for the TNX-1800 (spike from Wuhan strain) from animal challenge studies using live SARS-CoV-2
in the first quarter of 2021. In this study, TNX-1800 vaccinated, SARS-CoV-2 challenged animals had undetectable SARS-CoV-2 in
the upper airways, which we believe relates to potential inhibition of forward transmission of this respiratory pathogen. This
study of non-human primates compared TNX-1800 (modified horsepox virus encoding CoV-2 spike protein) to TNX-801 (horsepox virus,
live vaccine) at two doses. A control group received a placebo. Each of these five groups (TNX-1800 high and low dose; TNX-801
high and low dose and placebo) included four animals. At day 41 after vaccination (or placebo), each animal was exposed to SARS-COV-2
by intra-tracheal (1 x 10 6 TCID50) and intra-nasal (1 x 10 6 TCID50) administration. Upper airway virus was
studied by oropharyngeal swabs and lower airway virus by tracheal lavage using qRT-PCR to determine the number of genome copies
of SARS-CoV-2 present in the samples. Six days after challenge, no (0/8) samples taken from animals vaccinated with TNX-1800 showed
infection (more than 1,000 genome copies of SARS CoV-2) in either upper or lower airway samples. In contrast, all (8/8) animals
vaccinated with the control vaccine TNX-801 showed infection in either the upper or lower airway samples as did all (4/4) monkeys
vaccinated with vehicle control. At day 14 after a single vaccination, all eight of the TNX-1800 vaccinated animals made anti-CoV-2
neutralizing antibodies (≥1:40 titer) and, as expected, none of the eight TNX-801 vaccinated control animals, or any of the
four animals in the placebo group made anti-CoV-2 neutralizing antibodies (≤1:10 titer). At 6 days after CoV-2 challenge, TNX-1800
vaccinated animals showed neutralizing antibody titers of (≥1:1280 titer). The level of neutralizing anti-CoV-2 antibody production
was similar between the low and high dose TNX-1800 groups (1 x 10 6 Plaque Forming Units [PFU] and 3 x 10 6
PFU, (respectively). For unvaccinated animals challenged with SARS-CoV-2, neutralizing antibodies were measurable after vaccination
(≥1:40 titer) that were lower and appeared later than neutralizing antibodies in TNX-1800 vaccinated animals. TNX-1800 and
TNX-801 were well tolerated at both doses. Further, as an expected additional outcome, all 16 animals vaccinated with either dose
of TNX-1800 or the control TNX-801 manifested a “take”, or cutaneous response, signaling that the horsepox vector
elicits a strong T cell immune response. These results support the expectation that TNX-1800 at the low dose of 1 x 10 6
PFU is an appropriate dose for a one-shot vaccine in humans and indicate that 100 doses per vial is the target format for commercialization,
which is well suited to manufacturing and distribution at large scale.
18
Together, these data show that
TNX-1800 induces protection against SARS-COV-2 infection in non-human primates. These data confirm that “take” is a biomarker
of protection of upper and lower airways from SARS-CoV-2 challenge, and a biomarker of immunological response to TNX-1800’s cargo
COVID-19 antigen, which is the CoV-2 spike protein. Tonix completed a pre-IND meeting with the FDA to discuss the most efficient and appropriate
investigational plan to establish the safety and effectiveness evidence to support the licensure of TNX-1800. We believe that the animal
data and manufacturing process information that we have developed for TNX-1800 will facilitate expedited development of TNX-1840 and TNX-1850.
In addition, we believe the RPV platform can be engineered to express relevant protein antigens from different infectious diseases to
make a variety of vaccines.
In June 2020, we announced
a partnership with FUJIFILM Diosynth Biotechnologies (FDBT) to provide contract manufacturing and development services to support the
manufacturing of our COVID-19 vaccine candidate at the time, TNX-1800, for clinical trial supply. In February 2022, this contract ended.
We continue to work with other third party CMOs for the manufacturing and development of TNX-1800, TNX-1840 and TNX-1850, in addition
to ultimately planning to utilize our in-house manufacturing capabilities which are currently in development.
We have filed patent
applications on the COVID-19 vaccines TNX-1800, TNX-1840 and TNX-1850 and also expect 12 years of non-patent-based exclusivity under PPACA.
TNX-2100
TNX-2100 is a diagnostic product candidate (a COVID skin test) comprising
three different mixtures of synthetic peptides (TNX-2110, -2120 and -2130), which are designed to represent different protein components
of the SARS-CoV-2 virus. TNX-2110 (SARS-CoV-2 multi-antigen peptides) represents epitopes of multiple proteins from SARS-CoV-2. TNX-2120
(SARS-CoV-2 spike peptides) represents only the spike protein. TNX-2130 (SARS-CoV-2 non-spike peptides) represents non-spike proteins.
Each of these three synthetic peptide mixtures is expected to be administered as part of the same procedure, at separate locations on
the forearm, and each is expected to elicit a DTH response after approximately 48 hours in individuals with pre-existing T cell immunity
to peptides in that mixture. Individuals who have been infected by or exposed to SARS-CoV-2 would be expected to respond to all three
mixtures. In contrast, a successfully vaccinated individual who has not been exposed or infected by SARS-CoV-2 would be expected to respond
only to TNX-2120 (SARS-CoV-2 spike peptides), since the currently available vaccines only encode spike protein. In the clinical protocol
for testing TNX-2100, positive skin test controls are being used to confirm that study participants have intact T cell immunity and are
not immunodeficient.
The
test is designed to be administered in the same manner as skin tests for tuberculosis, or TB, sold as Tubersol® or Aplisol®
or generically as the Mantoux tuberculin purified protein derivative (PPD) test. A thin gauge needle is used to apply each of
the three separate TNX-2100 peptide mixtures into the skin, or intradermally, on the inner surface of the forearm between the
wrist and the elbow. In a typical positive test, the skin surrounding the injection site is expected to become red, raised and
hardened, or “indurated”, after approximately 48 hours. Induration above a threshold level would signify a positive
result and the diameter of the induration would indicate the amount of T cell immunity to the test peptides. DTH skin test responses
are believed to reflect functional in vivo immunity. Clinical trials are expected to correlate skin test results with clinical
history and laboratory findings to inform estimates about the sensitivity and specificity of the test as a marker of T cell immunity
in individuals who are pre- and post-COVID-19 vaccination, recovered from COVID-19, or exposed but asymptomatic.
Discovered
in 1882 by Robert Koch, the DTH reaction has been used for more than a century as a clinical test for T cell-mediated immune reactions 1 .
In the 1940s, Landsteiner and Chase demonstrated that the reaction was mediated by the cellular and not the antibody arm of the
immune system 2 . The DTH reaction has been shown to be dependent on the presence of memory T cells. Both the CD4+ and
CD8+ T cells have been shown to participate in this response. DTH skin tests have been commonly used to detect T cell responses
to tuberculosis, fungal pathogens, and mumps virus.
TNX-2100
has the potential to serve as: (i) a biomarker for T cell protective immunity and durability of vaccine protection; (ii) a personalized
approach for vaccine boosters; (ii) a method to stratify participants in COVID-19 vaccine trials with a more complete picture
of immune status; (iv) an endpoint in COVID-19 vaccine trials for vaccines that elicit T cell immunity, and (v) public health
surveillance. Tonix received IND clearance in the fourth quarter of 2021 and initiated enrollment in a first-in-human study of
TNX-2100 in the first quarter of 2022. We expect topline data from this study in the first half of 2022.
1
Black CA. Delayed type hypersensitivity: current theories with an historic perspective. Dermatol Online J. 1999;5:7.
2
Landsteiner K, Chase MW. Studies on the sensitization of animals with simple chemical compounds: vii. Skin sensitization
by intraperitoneal injections. J Exp Med. 1940;71:237.
Tubersol®
is a trademark of Sanfi Pasteur.
Aplisol®
is a trademark of Par Pharmaceutical, Inc.
19
Tonix’s
Facilities Overview
Relating
to our COVID-19 and other infectious disease development programs, we are developing the resources necessary to enable internal
research, development and manufacturing capabilities necessary to meet the goal of producing new vaccine candidates within 100
days and new diagnostics within weeks of obtaining sequence information. As articulated in the American Pandemic Preparedness
Plan, or AP3 released by the U.S. Office of Science and Technology Policy, this 100-day goal for vaccines is a key component of
preparedness for future pandemics. We are establishing the infrastructure necessary to support the pandemic preparedness goals
established in the AP3, specifically with respect to our RPV vaccine and skin test platforms and potentially to other vaccine,
diagnostic and therapeutic platforms.
The
Infectious Disease Research & Development Center (RDC)
We acquired the infectious disease RDC in Frederick, Maryland consisting
of two buildings totaling approximately 48,000 square feet. The acquisition closed in October 2021 and was operational at closing, but
as of December 31, 2021, the facility was not ready for its intended use. It is our intention to have the facility ready for use in the
first half of 2022. The RDC facility will focus on our development of vaccines and antiviral drugs against COVID-19, its variants, and
other infectious diseases. The RDC facility is currently biosafety level 2 (BSL-2) but we intend to upgrade components to BSL-3. At full
capacity, the RDC can employ 80-100 scientists and technical support staff.
The
Advanced Development Center (ADC)
We
are in the process of a substantial renovation of the ADC located in the New Bedford business park in Dartmouth, Massachusetts.
This facility is intended to accelerate development and clinical scale manufacturing of live-virus vaccines to support Phase 1
and Phase 2 clinical trials. Plans for the ADC include single-use bioreactors and purification suites with equipment for Good
Manufacturing Practice (GMP) production of vaccines for clinical trials, including when fully operational, the capability of producing
sterile vaccines in glass bottles.
The
ADC is currently being constructed and will be an approximately 45,000 square foot BSL-2 facility, once completed. At full capacity,
the facility can employ up to 70 researchers, scientists, manufacturing, and technical support staff. It is expected to be partially
operational in the first half of 2022.
The
Commercial Manufacturing Center (CMC)
We
intend to build the CMC in Hamilton, Montana where we purchased approximately 44 acres of land. The site is on land designated
by Ravalli County as a Target Economic Development District. The CMC will focus on developing and manufacturing Phase 3 and commercial
scale live-virus vaccines and is also intended to be BSL-2. Site enabling work is expected to be initiated for the CMC in 2022.
Competition
Our industry is highly competitive
and subject to rapid and significant technological change. Our potential competitors include large pharmaceutical and biotechnology companies,
specialty pharmaceutical and generic drug companies, academic institutions, government agencies and research institutions. We believe
that key competitive factors that will affect the development and commercial success of our product candidates are efficacy, safety, tolerability,
reliability, price and reimbursement level. Many of our potential competitors, including many of the organizations named below, have substantially
greater financial, technical, and human resources than we do and significantly greater experience in the discovery and development of
product candidates, obtaining the FDA’s and other regulatory approvals of products and the commercialization of those products.
Accordingly, our competitors may be more successful than we may be in obtaining FDA approval for drugs and achieving widespread market
acceptance. Our competitors’ drugs may be more effective, or more effectively marketed and sold, than any drug we may commercialize
and may render our product candidates obsolete or non-competitive before we can recover the expenses of developing and commercializing
any of our product candidates. We anticipate that we will face intense and increasing competition as new drugs enter the market and advanced
technologies become available. Further, the development of new treatment methods for the conditions we are targeting could render our
drugs non-competitive or obsolete. Summarized below is the competitive landscape for the indications in which Tonix has product candidates
in or nearing the clinical stages of development.
20
Anti-CD40-ligand mAbs
Tonix is aware of several companies
developing biologics that target CD40-L or CD40, including UCB S.A., Belgium/Biogen Inc., Eledon Pharmaceuticals, Inc., Horizon Therapeutics
Plc. and Sanofi S.A. Furthermore, Tonix is aware of several companies developing antagonistic anti-CD40 mAbs including Novartis, Boehringer
Ingelheim, Kiniska Pharmaceuticals, and Boston Immune Technologies.
Cocaine Intoxication
There are no approved antidotes
for the treatment of cocaine intoxication. Patients generally receive supportive care. Tonix is not aware of any drugs in development
for the treatment of cocaine intoxication.
Fibromyalgia
Products
approved for the treatment of fibromyalgia include Lyrica® (pregabalin), marketed by Pfizer; Cymbalta (duloxetine), marketed by Eli
Lilly; and Savella (milnacipran), marketed by Allergan (acquired by AbbVie). Tonix is aware of several other companies developing
treatments for fibromyalgia, including Aptinyx, Virios Therapeutics, Teva Pharmaceuticals, and Axsome Therapeutics.
Long COVID (Post-Acute Sequelae
of COVID-19 or PASC)
There currently are no approved
products for the treatment of Long COVID/PASC. Tonix is aware of several other companies developing therapeutics for Long COVID, including
PureTech Health, Direct Biologics, American CryoStem, HopeBiosciences, Axcella Health Inc., Ampio Pharmaceuticals, CytoDyn, Pieris Pharmaceuticals,
Resolve Therapeutics, PaxMedia, GeNeuro and Organicell.
PTSD
Products approved for the treatment
of PTSD include Paxil ® (paroxetine), marketed by GlaxoSmithKline and Zoloft ® (sertraline), marketed by Pfizer.
Tonix is aware of other companies working to develop therapeutics for the treatment of PTSD including Bionomics, Otsuka/Lundbeck, Aptinyx,
Nobilis Therapeutics, the Multidisciplinary Association of Psychedelic Studies (MAPS) and Tryp Therapeutics.
Chronic or Episodic Migraine
Prophylaxis
Currently there are several classes
of drugs that are approved for the prophylactic treatment of chronic or episodic migraine, including generic beta blockers (propranolol,
timolol), and anticonvulsants (divalproex, topiramate). Other drug classes that are used off-label to treat migraine prophylaxis, include
tricyclic antidepressants (e.g., amitriptyline). Also, Allergan markets Botox ® (onabotulinumtoxinA). More recently, several
products have received FDA approval for the treatment of migraine, including Aimovig ® (erenumab), which is marketed by
Amgen/Novartis; Ajovy ® (fremanezumab), which is marketed by Teva Pharmaceuticals; Emgality ® (galcanezumab)
which is marketed by Eli Lilly; and Yvepti ® (eptinezumab), which is marketed by Lundbeck. Other therapies are approved
as abortive treatment for acute migraine.
Prader-Willi Syndrome
There are no FDA approved therapies
for the treatment of Prader-Willi syndrome. Patients generally receive care to best manage individual symptom presentation. Tonix is aware
of several companies developing treatments for Prader-Willi syndrome including Aadvark Therapeutics, Radius, Levo Therapeutics, ConSynance
Therapeutics, Soleno Therapeutics, Lipidio Pharma, Helsinn, Inversago Pharma, Saniona, 9 Meters Biopharma, Neuren Pharmaceuticals, Neuracle
Science, Harmony Biosciences, Notitia Biotechnologies, and Taysha Gene Therapies.
Major Depressive Disorder
Many antidepressant medications
are beyond their patent life and are generally produced by generic drug companies, including several compounds in the tricyclic class
(e.g., amitriptyline), the serotonin-selective reuptake inhibitor class (e.g, fluoxetine, paroxetine and sertraline), the serotonin-norepinephrine
reuptake inhibitor class (e.g., venlafaxine, duloxetine), as well as the norepinephrine-dopamine reuptake inhibitor, bupropion. A number
of companies are marketing prescription drugs for depression, including Johnson & Johnson’s Janssen division. Tonix is
aware of several companies developing novel prescription medicines for depression including Axsome Therapeutics, Janssen, Neumora Therapeutics
(formerly BlackThorn Therapeutics), Sage Therapeutics, Relmada Therapeutics, Clexio Biosciences Ltd., Allergan (acquired by AbbVie) and
Otsuka.
21
Smallpox
vaccines and antivirals
Vaccines
approved for the treatment of smallpox include ACAM2000, marketed by Emergent BioSolutions and JYNNEOS ® , marketed
by Bavarian Nordic. Approved antivirals include TPOXX ® , marketed by SIGA and TEMBEXA ® , marketed
by Chimerix. Tonix is aware of other companies developing treatments for smallpox including EpiVax, HK inno.N, and BioFactura.
COVID-19
Vaccine
The
environment for developing vaccines for COVID-19 is competitive and includes over 150 companies and academic institutions in various
stages of development. Vaccines granted full FDA regulatory approval include Comirnaty (BNT162b2), marketed by Pfizer-BioNTech,
and Spikevax (mRNA-1273), marketed by Moderna. Ad.26.COV2S, developed by Janssen, has received emergency use authorization (EUA)
from the FDA. Other vaccines have received EUA in international markets. Tonix is aware of 120 vaccines currently in clinical
trials, and more than 75 vaccines in preclinical development.
Skin
Test for COVID-19 (measure of T cell immune response)
There
currently is no standardized laboratory test available to measure T cell immune responses to SARS-CoV-2, however the FDA granted
EUA to T-Detect™ COVID test by Adaptive Biotechnologies Corporation in March 2021. The only other currently available methods
to detect T cell immunity to SARS-CoV-2 require several tubes of blood from the test subject, a multi-step sample preparation
process including isolation of peripheral blood mononuclear cells, tissue culture with in vitro T cell stimulation in highly
specialized laboratories that have fluorescent activated cells sorting (FACS) flow cytometry technology, methodologies that have
not been amenable to standardization or scalability for commercial clinical services. Tonix is aware of other companies developing
diagnostics to identify T cell immune response to SARS-CoV-2 , including Biovaxys.
Intellectual
Property
We
believe that we have an extensive patent portfolio and substantial know-how relating to TNX-1800, TNX-801, TNX-102 SL and our
other product candidates. Our patent portfolio, described more fully below, includes claims directed to various compositions and
methods of use related to our product candidates. As of March 8, 2022, the patents we are either the owner of record of or own
the contractual right to include 31 issued U.S. patents and 213 issued non-U.S. patents. We are actively pursuing an additional
31 U.S. patent applications, of which 4 are provisional and 27 are non-provisional, 13 international patent applications, and
218 non-U.S./non-international patent applications.
We
strive to protect the proprietary technology that we believe is important to our business, including our proprietary technology
platform, our product candidates, and our processes. We seek patent protection in the U.S. and internationally for our products,
their methods of use and processes of manufacture, and any other technology to which we have rights, where available and when
appropriate. We also rely on trade secrets that may be important to the development of our business.
Our
success will depend on 1) the ability to obtain and maintain patent and other proprietary rights in commercially important technology,
inventions and know-how related to our business, 2) the validity and enforceability of our patents, 3) the continued confidentiality
of our trade secrets, and 4) our ability to operate without infringing the valid and enforceable patents and proprietary rights
of third parties. We also rely on continuing technological innovation and in-licensing opportunities to develop and maintain our
proprietary position.
We
cannot be certain that patents will be granted with respect to any of our pending patent applications or with respect to any patent
applications we may own or license in the future, nor can we be certain that any of our existing patents or any patents we may
own or license in the future will be useful in protecting our technology. For this and more comprehensive risks related to our
intellectual property, please see “Risk Factors — Risks Relating to Our Intellectual Property.”
The
term of individual patents depends upon the legal term of the patents in the countries in which they are obtained. In most countries
in which we file, the patent term is 20 years from the date of filing the first non-provisional priority application. In the United
States, a patent’s term may be lengthened by patent term adjustment, which compensates a patentee for administrative delays
by the PTO in granting a patent or may be shortened if a patent is terminally disclaimed over another patent.
The
term of a U.S. patent that covers a drug approved by the FDA or methods of making or using that drug may also be eligible for
patent term extension, which permits patent term restoration as compensation for the patent term lost during the FDA regulatory
review process. The Drug Price Competition and Patent Term Restoration Act, also known as the Hatch-Waxman Act, is a federal law
that encourages new drug research by restoring patent term lost to regulatory delays by permitting a patent term extension of
up to five years beyond the statutory 20-year term of the patent for the approved product or its methods of manufacture or use
if the active ingredient has not been previously approved in the U.S. The length of the patent term extension is related to the
length of time the drug is under regulatory review. A patent term extension cannot extend the remaining term of a patent beyond
a total of 14 years from the date of product approval and only one patent applicable to an approved drug may be extended. Similar
provisions are available in Europe and some other foreign jurisdictions to extend the term of a patent that covers an approved
drug. When possible, depending upon the length of clinical trials and other factors involved in the filing of an NDA, we expect
to apply for patent term extensions for patents covering our product candidates and their methods of use.
22
The
patent portfolios for our proprietary technology platform and our five most advanced product candidates as of March 8, 2022 are
summarized below.
TNX-1500
— anti-CD40L Therapeutics
We
are collaborating with Harvard Medical School to develop TNX-1500, a humanized mAb that targets CD40L for
the prevention and treatment of organ transplant rejection. In this regard, we filed International Application No. PCT/EP2020/068589,
entitled “Anti-CD154 antibodies and uses thereof” on July 1, 2020 (nationalized in 15 countries). We also filed International
Patent Application No. PCT/US2020/028002 on April 13, 2020, entitled “Inhibitors of CD40-CD154 Binding” (nationalized
in Canada, European Patent Office and Japan). We also filed International Patent Application No. PCT/US2022/011404, entitled “Methods
of Inducing Immune Tolerance with Modified Anti-CD154 Antibodies” on January 6, 2022.
TNX-1300
— Cocaine Intoxication Treatment
We
have licensed rights from The Trustees of Columbia University in the City of New York, The Regents of the University of Michigan,
and University of Kentucky Research Foundation to develop a potential product, TNX-1300, for the treatment of cocaine intoxication.
The licensed patents are directed to mutant cocaine esterase polypeptides and methods of using these polypeptides as anti-cocaine
therapeutics. They include U.S. Patent Nos. 8,318,156 and 9,200,265, entitled “Anti-Cocaine Compositions and Treatment”
and various counterpart patents outside of the U.S (e.g., European Patent 2046368). These patents provide TNX-1300 with US market
exclusivity until February 2029, and market exclusivity outside of the U.S. until July 10, 2027, subject to any patent term extensions.
TNX-102
SL — Central Nervous System Conditions
Our
patent portfolio for TNX-102 SL includes patent applications directed to compositions of matter of CBP, formulations containing
CBP, and methods for treating CNS conditions, such as TNX-102 SL for PTSD, for acute stress disorder, for sleep disturbances in
fibromyalgia, for alcohol abuse, for disordered sleep, for sexual dysfunction, for depression in fibromyalgia and for agitation
in neurodegenerative conditions, e.g., AAD, utilizing these compositions and formulations.
Certain
eutectic compositions were discovered by development partners and are termed the “Eutectic Technology.” The patent
portfolio for TNX-102 SL relating to the Eutectic Technology includes patent applications directed to eutectic compositions containing
CBP, eutectic CBP formulations, methods for treating PTSD and other CNS conditions utilizing eutectic CBP compositions and formulations,
and methods of manufacturing eutectic CBP compositions. The Eutectic Technology patent portfolio includes U.S. patents, such as
U.S. Patent No. 9,636,408, U.S. Patent No. 9,956,188, U.S. Patent No. 10,117,936, U.S. Patent No. 10,357,465; and U.S. Patent
No. 10,864,175. If U.S. and non-U.S. patents claiming priority from those applications issue, those patents would expire in 2034
or 2035, excluding any patent term adjustments or extensions.
The
unique pharmacokinetic profile of TNX-102 SL, or the PK Technology, was discovered by Tonix and its development partners. The
patent portfolio for TNX-102 SL relating to the PK Technology includes patent applications directed to compositions of matter
of CBP, formulations containing CBP, methods for treating PTSD, agitation in neurodegenerative conditions, and other CNS conditions
utilizing these compositions and formulations. The PK Technology patent portfolio includes U.S. Patent Application No. 13/918,692.
If U.S. and non-U.S. patents claiming priority from those applications issue, those patents would expire in 2033, excluding any
patent term adjustments or extensions.
On
May 2, 2017, U.S. Patent No. 9,636,408 entitled “Eutectic Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline
Hydrochloride”, issued. The patent claims recite pharmaceutical compositions comprising the eutectic. The patent claims
also recite methods of manufacturing the eutectic.
On
September 13, 2017, European patent 2,501,234, entitled “Methods and Compositions for Treating Symptoms Associated with
PTSD Using Cyclobenzaprine”, issued. This patent recites the use of CBP for the treatment of PTSD, which covers the use
of TNX-102 SL for the treatment of PTSD, since the active ingredient in TNX-102 SL is CBP and provides TNX-102 SL with European
market exclusivity until 2030 and may be extended based on the timing of the European marketing authorization of TNX-102 SL for
PTSD. In response to an opposition filed in June 2018 by a German law firm, the European Patent Office’s Opposition
Division in October 2019 upheld the patent in unamended form. Opponent has appealed.
On
December 15, 2017, Japanese Patent No. 6259452, entitled “Compositions and Methods for Transmucosal Absorption”, issued.
These claims relate to the pharmacokinetic profile of TNX-102 SL.
23
On
March 20, 2018, U.S. Patent No. 9,918,948 entitled “Methods and Compositions for Treating Symptoms Associated with PTSD
Using Cyclobenzaprine”, issued. The claims recite a method of using TNX-102 SL’s active ingredient cyclobenzaprine
to treat PTSD and provides TNX-102 SL with US market exclusivity until 2030, excluding any patent term extensions.
On
March 23, 2018, Japanese Patent No. 6310542 entitled “Eutectic Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline
Hydrochloride”, issued. The claims recite pharmaceutical compositions comprising the eutectics and methods of manufacturing
these eutectic formulations.
On
May 1, 2018, U.S. Patent No. 9,956,188, entitled “Eutectic Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline
Hydrochloride”, issued. The claims recite a eutectic of cyclobenzaprine hydrochloride and mannitol and methods of making
those eutectics.
On
November 6, 2018, U.S. Patent No. 10,117,936, entitled “Eutectic Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline
Hydrochloride”, issued. The claims recite pharmaceutical compositions of eutectics of cyclobenzaprine hydrochloride and
mannitol and methods of making those compositions.
On
April 16, 2019, Chinese Patent No. ZL 201480024011.1 entitled “Eutectic Formulations of Cyclobenzaprine Hydrochloride and
Amitriptyline Hydrochloride”, issued. The claims recite pharmaceutical compositions comprising eutectics of cyclobenzaprine
hydrochloride and mannitol and methods of making those compositions.
On
July 23, 2019, U.S. Patent No. 10,357,465 entitled “Eutectic Formulations of Cyclobenzaprine Hydrochloride”, issued.
The claims recite pharmaceutical compositions comprising eutectics of cyclobenzaprine hydrochloride and mannitol and methods of
making those compositions.
On
December 11, 2019, European patent 2968992, entitled “Eutectic Formulations of Cyclobenzaprine Hydrochloride”, issued.
This patent recites pharmaceutical compositions comprising a eutectic of mannitol and Cyclobenzaprine HCl and methods of making
the same. In response to an opposition filed in September 2020 by Hexal AG, the European Patent Office’s Opposition Division
upheld the patent in unamended form in the January 2022 oral proceedings. The written decision is pending.
On
December 25, 2019, European patent 2,683,245, entitled “Methods and Compositions for Treating Depression Using Cyclobenzaprine”,
issued. The claims recite the use of CBP for the treatment of depression in a FM patient. This patent provides TNX-102 SL
with European market exclusivity until March 2032 and may be extended based on the timing of the European marketing authorization
of TNX-102 SL for depression in a FM patient. In September 2020, Hexal AG filed an opposition against this patent. The European
Patent Office’s Opposition Division upheld the patent claims in unamended form at the February 2022 oral proceedings. The
written decision is pending.
On
December 15, 2020, U.S. Patent No. 10,864,175 entitled “Eutectic Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline
Hydrochloride”, issued. The claims recite a eutectic comprising cyclobenzaprine hydrochloride and beta-mannitol.
On
April 8, 2021, U.S. non-provisional Patent Application No. 17/226,058 and International Patent Application No. PCT/US2021/026492
were filed, entitled “Cyclobenzaprine Treatment for Sexual Dysfunction”. The claims are directed to methods using
pharmaceutical compositions and combinations for treating sexual dysfunction with cyclobenzaprine or pharmaceutically acceptable
salts of cyclobenzaprine.
On
October 25, 2016 and July 28, 2020, U.S. Patent No. 9,474,728 and U.S. Patent No. 10,722,478, entitled “Methods and Compositions
for Treating Fatigue Associated with Disordered Sleep Using Very Low Dose Cyclobenzaprine”, issued, respectively. The claims
are directed to a method for monitoring the effectiveness of cyclobenzaprine treatment for disordered sleep and method for reducing
CAP rates A2 or A3 by treating a subject with a pharmaceutical composition comprising cyclobenzaprine.
TNX-1900
— Oxytocin-based treatments for Migraine, Pain, Insulin Resistance, Diabetes and Obesity
We
have acquired the migraine and pain treatment technologies of Trigemina, Inc., and have assumed its license rights to related
technologies from The Board of Trustees of the Leland Stanford Junior University. TNX-1900, an enhanced formulation of nasal oxytocin,
has demonstrated activity in several non-clinical studies in pain, including migraine. As part of our acquisition, we acquired
International Patent Application No. PCT/US2016/012512, filed on January 7, 2016, entitled “Magnesium-Containing Oxytocin
Formulations and Methods of Use” (nationalized in 13 countries). We also acquired U.S. Patent No. 9,629,894, entitled “Magnesium-Containing
Oxytocin Formulations and Methods of Use”, which will expire in January 2036, excluding any patent term extensions. We also
have rights to International Patent Application No. PCT/US2019/020419, filed on April 12, 2017, entitled “Labeled Oxytocin
and Method of Manufacture and Use” (nationalized in the U.S., European Patent Office and Japan).
We
have entered into an exclusive license to the University of Geneva’s technology for using oxytocin to treat insulin resistance
and related syndromes, including obesity. This license expands our intranasal potentiated oxytocin development program, TNX-1900,
into cardiometabolic syndromes. Under the license, we have rights to European Patent No. EP2571511B1, entitled “New Uses
of Oxytocin-like Molecules and Related Methods”. We also have rights to U.S. Patent No. 9,101,569, entitled “Methods
for the Treatment of Insulin Resistance”. The U.S. and non-U.S. patents expire in May 2031, excluding any patent term adjustments
or extensions.
24
TNX-2900
— Oxytocin-based therapeutics for Prader-Willi syndrome
We
have licensed technology using oxytocin-based therapeutics for the treatment of Prader-Willi syndrome and non-organic failure
to thrive disease from the French National Institute of Health and Medical Research (INSERM). The co-exclusive license relates
to TNX-2900, an intranasal potentiated oxytocin, for the treatment of Prader-Willi syndrome and other feeding disorders. Under
the license, we have rights to European Patent No. EP2575853B1, entitled “Methods and Pharmaceutical Composition for the
Treatment of a Feeding Disorder with Early-Onset in a Patient”; U.S. Patent No. 8,853,158, entitled “Methods for the
Treatment of a Feeding Disorder with Onset During Neonate Development Using an Agonist of the Oxytocin Receptor”; and U.S.
Patent No. 9,125,862, entitled “Methods for the Treatment of Prader-Willi-like Syndrome or Non-Organic Failure to Thrive
(NOFITT) Feeding Disorder Using an Agonist of the Oxytocin Receptor”. The U.S. and non-U.S. patents expire in May 2031,
excluding any patent term extensions.
TNX-601
— Depression, Posttraumatic Stress Disorder, Neurocognitive Dysfunction
Our
patent portfolio for tianeptine oxalate includes U.S. Patent No. 9,314,469 and European Patent No. 2,299,822, both entitled “Method
for Treating Neurocognitive Dysfunction”, which issued on April 29, 2016 and July 26, 2017, respectively. The ’822
patent recites pharmaceutical compositions comprising various compounds (which include tianeptine) and uses thereof. This
patent provides TNX-601 with European market exclusivity until April 2029 and may be extended based on the timing of the European
marketing authorization of TNX-601 for neurocognitive side effects associated with the use of corticosteroids. The ‘469
patent claims methods of treating cognitive impairment associated with corticosteroid treatment using compounds, including tianeptine,
excluding patent term extensions, the patent provides TNX-601 with US marketing exclusivity until 2028.
On
February 27, 2019, European Patent No. 3,246,031 entitled “Method for Treating Neurodegenerative Dysfunction”, issued.
The claims recite the use of TNX-601, or tianeptine oxalate and other salts, for treating neurocognitive dysfunction associated
with corticosteroid treatment. This patent provides TNX-601 with European market exclusivity until April 2029 and may be extended
based on the timing of the European market authorization of TNX-601 for neurocognitive disfunction associated with corticosteroid
treatment.
On
October 22, 2019, U.S. Patent No. 10,449,203 issued. The claims recite anhydrous crystalline oxalate salts of tianeptine
and provides TNX-601 with US market exclusivity until 2037, excluding any patent term extensions.
On
March 16, 2021, U.S. Patent No. 10,946,027 issued. The claims recite pharmaceutical compositions of anhydrous crystalline oxalate
salts of tianeptine and provides TNX-601 with US market exclusivity until 2037, excluding any patent term extensions.
Our
patent portfolio for TNX-601 also includes International Patent Application PCT/IB2017/001709 (now nationalized in 16 countries).
It includes claims directed to crystalline tianeptine oxalate and compositions of those crystal forms, and disclosures directed
to methods of using those crystalline forms and their compositions.
TNX-801
— Live Horsepox Vaccine for Prevention of Smallpox and Monkeypox
We
own the rights to develop a potential biodefense technology, TNX-801, a live horsepox that is being developed as a new smallpox
and monkeypox preventing vaccine, we have filed patent applications directed to synthetic chimeric poxviruses and methods of using
these poxviruses to protect individuals against smallpox. These applications include U.S. non-provisional Patent Application No.
15/802,189 and International Patent Application No. PCT/US2017/059782 (nationalized in 15 countries and filed in 4 non-PCT countries).
We also own the rights to develop other vaccine candidates against smallpox. With respect to these vaccine candidates, we
own U.S. Patent Application No. 14/207,727 and International Patent Application No. PCT/US2019/030486 and the non-convention and
national phase applications related thereto (nationalized in 17 countries and filed in 2 non-PCT countries). The smallpox vaccine
technologies relate to proprietary forms of live horsepox and vaccinia vaccines which may be safer than ACAM2000, the only currently
available replication competent, live vaccinia vaccine to protect against smallpox disease. We believe that this technology, after
further development, may be of interest to biodefense agencies in the U.S. and other countries.
TNX-1800
— Live HPXV Vaccine for Prevention of COVID-19
We
are developing TNX-1800, a live HPXV that is being developed as a new COVID-19 preventing vaccine. On February 26, 2021, we filed
International Patent Application No. PCT/US2021/020119 (as well as applications in 2 non-PCT countries) and U.S. Application No.
17/187,678, entitled “Recombinant Poxvirus Based Vaccine Against SARS-CoV-2”. These applications are directed to synthetic
poxviruses comprising a SARS-CoV-2 protein, poxvirus delivery vectors for SARS-CoV-2 proteins and methods of using these modified
poxviruses to protect individuals against COVID-19.
25
TNX-1700
— Recombinant Trefoil Family Factor 2 (rTFF2) to Treat Gastric and Pancreatic Cancers
We
have licensed rights from The Trustees of Columbia University in the City of New York to develop a potential product, TNX-1700,
for the treatment of gastric and pancreatic cancers. The licensed patents are directed to TFF2 compositions and methods
of treatment. The licensed patents U.S. Patent No. 10,124,037 and U.S. Patent No. 11,167,010. The licensed patents
provide TNX-1700 with US market exclusivity until April 2033, subject to any patent term extensions. On August 27, 2020, we filed
International Patent Application No. PCT/IB2020/000699 entitled “Modified TFF2 Polypeptides” (being nationalized in
11 countries).
TNX-1600
— Triple Reuptake Inhibitor to Treat PTSD
We
have licensed rights from Wayne State University to develop a potential product, TNX-1600, for PTSD treatment. The licensed
patents directed to pyran-based derivatives and analogues. They include U.S. Patent Nos. 7,915,433, 8,017,791, 8,519,159,
8,841,464, and 8,937,189, entitled “Tri-substituted 2-benzhydryl 5-benzlamino-tetrahydro-pyran-4-OL and 6-benzhydryl-4-benzylamino-tetrahydro-pyran-3-OL
analogues, and novel 3,6 disubstituted pyran derivatives” and U.S. Patent No. 9,458,124, entitled “Substituted Pyran
Derivatives”. These patents provide TNX-1600 with US market exclusivity between April 2024 and February 2034, respectively,
subject to any patent term extensions.
TNX-701
— Radioprotection Biodefense Technology
We
own the rights to develop a potential biodefense technology, which is a potential radioprotective therapy. For protection of our
intellectual property, we have not disclosed the identity of the new development candidate. On May 7, 2021, we filed International
Patent Application No. PCT/US2021/031441 and U.S. non-provisional Patent Application No. 17/315,258. They claim compounds, compositions
and methods of use in radioprotection.
TNX-1200
— Smallpox Vaccine Technology
We
own the rights to develop a potential biodefense technology, TNX-1200, a live vaccinia virus that is being developed as a new
smallpox preventing vaccine, we have patent applications directed to synthetic chimeric poxviruses and methods of using these
poxviruses to protect individuals against smallpox. These applications include U.S. non-provisional Patent Application No. 17/050,946
and International Patent Application No. PCT/US2019/030486 (nationalized in 16 countries and filed in 3 non-PCT countries). We
believe that this technology, after further development, may be of interest to biodefense agencies in the U.S. and other countries.
TNX-3500
— Sangivamycin for Treatment of COVID
We
have entered into an exclusive license to OyaGen, Inc.’s antiviral technology for use in treating coronavirus infections
(including SARS-CoV-2), Ebola virus, arenaviridae infections and poxviridae infections. This license expands our pipeline for
developing a potential treatment, TNX-3500, for COVID-19 and emerging variants. Under the license, we have rights to U.S. non-provisional
Patent Application No. 16/851,047 and International Patent Application Nos. PCT/US2020/028567 and PCT/US2021/016472, entitled
“Methods for Treating Coronavirus Infections”. We also have rights to U.S. non-provisional Patent Application No.
16/348,867 and European Patent Application No. 17869003.8, entitled “Methods of Treating and Inhibiting Ebola Virus Infection”.
We also have rights to International Patent Application Nos. PCT/US2021/027352 and PCT/US2021/027354, entitled “Method for
Treating Arenaviridae Infections” and “Method for Treating Poxviridae Infection,” respectively.
Trade
Secrets
In
addition to patents, we rely on trade secrets and know-how to develop and maintain our competitive position. For example, significant
aspects of our proprietary technology platform are based on unpatented trade secrets and know-how. Trade secrets and know-how
can be difficult to protect. We seek to protect our proprietary technology and processes, in part, by confidentiality agreements
and invention assignment agreements with our employees, consultants, scientific advisors, contractors, and commercial partners.
These agreements are designed to protect our proprietary information and, in the case of the invention assignment agreements,
to grant us ownership of technologies that are developed through a relationship with a third party. We also seek to preserve the
integrity and confidentiality of our data and trade secrets by maintaining physical security of our premises and physical and
electronic security of our information technology systems. While we have confidence in these individuals, organizations and systems,
agreements or security measures may be breached, and we may not have adequate remedies for any breach. In addition, our trade
secrets may otherwise become known or be independently discovered by competitors. To the extent that our contractors use intellectual
property owned by others in their work for us, disputes may arise as to rights in related or resulting inventions and know-how.
26
Issued
Patents
Our
current patents owned or licensed include:
Anti-Cocaine
Therapeutics
Patent
No.
Title
Country
/ Region
Expiration
Date
8,318,156
Anti-Cocaine
Compositions and Treatment
U.S.A.
February
14, 2029
9,200,265
Anti-Cocaine
Compositions and Treatment
U.S.A.
December
30, 2027
2007272955
Anti-Cocaine
Compositions and Treatment
Australia
July
10, 2027
2014201653
Anti-Cocaine
Compositions and Treatment
Australia
July
10, 2027
2657246
Anti-Cocaine
Compositions and Treatment
Canada
July
10, 2027
612929
Anti-Cocaine
Compositions and Treatment
New
Zealand
July
10, 2027
2046368
(602007045044.6 in Germany; 502016000056543 in Italy)
Anti-Cocaine
Compositions and Treatment
Europe
– (Germany, Spain, France, United Kingdom, and Italy)
July
10, 2027
2009/00197
Anti-Cocaine
Compositions and Treatment
South
Africa
July
10, 2027
305483
Anti-Cocaine
Compositions and Treatment
Mexico
July
10, 2027
196411
Anti-Cocaine
Compositions and Treatment
Israel
July
10, 2027
Sublingual
CBP/Amitriptyline
Patent
No.
Title
Country
/ Region
Expiration
Date
6259452
Compositions
and Methods for Transmucosal Absorption
Japan
June
14, 2033
631144
Compositions
and Methods for Transmucosal Absorption
New
Zealand
June
14, 2033
I590820
Compositions
and Methods for Transmucosal Absorption
Taiwan
R.O.C.
June
14, 2033
2013274003
Compositions
and Methods for Transmucosal Absorption
Australia
June
14, 2033
I642429
Compositions
and Methods for Transmucosal Absorption
Taiwan
R.O.C.
June
14, 2033
726488
Compositions
and Methods for Transmucosal Absorption
New
Zealand
June
14, 2033
I683660
Compositions
and Methods for Transmucosal Absorption
Taiwan
R.O.C.
June
14, 2033
2018241128
Compositions
and Methods for Transmucosal Absorption
Australia
June
14, 2033
2876902
Compositions
and Methods for Transmucosal Absorption
Canada
June
14, 2033
IDP000076019
Compositions
and Methods for Transmucosal Absorption
Indonesia
June
14, 2033
382516
Compositions
and Methods for Transmucosal Absorption
Mexico
June
14, 2033
27
CBP
– Depression
Patent
No.
Title
Country
/ Region
Expiration
Date
2012225548
Methods
and Compositions for Treating Depression Using Cyclobenzaprine
Australia
March
6, 2032
2016222412
Methods
and Compositions for Treating Depression Using Cyclobenzaprine
Australia
March
6, 2032
2018204633
Methods
and Compositions for Treating Depression Using Cyclobenzaprine
Australia
March
6, 2032
2020203874
Methods
and Compositions for Treating Depression Using Cyclobenzaprine
Australia
March
6, 2032
614725
Methods
and Compositions for Treating Depression Using Cyclobenzaprine
New
Zealand
March
6, 2032
714294
Methods
and Compositions for Treating Depression Using Cyclobenzaprine
New
Zealand
March
6, 2032
2683245
Methods
and Compositions for Treating Depression Using Cyclobenzaprine
European
Patent Office – Albania, Austria, Belgium, Bulgaria, Switzerland, Cyprus, Czechia, Germany, Denmark, Estonia, Spain,
Finland, France, United Kingdom, Greece, Croatia, Hungary, Ireland, Iceland, Italy, Lithuania, Luxembourg, Latvia, Monaco,
Republic of North Macedonia, Malta, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Sweden, Slovenia, Slovakia, San
Marino, and Turkey
March
6, 2032
CBP
– PTSD
Patent
No.
Title
Country
/ Region
Expiration
Date
9,918,948
Methods
and Compositions for Treating Symptoms Associated with Post-Traumatic Stress Disorder Using Cyclobenzaprine
U.S.A.
November
18, 2030
2501234
(AL/P/17/691
in Albania; 602010045270.0 in Germany; 3094254 in Greece; 502017000142469 in Italy; MK/P/17/000807 in Republic of North
Macedonia; 56634 in Serbia; SM-T-201700578 in San Marino; 201717905 in Turkey)
Methods
and Compositions for Treating Symptoms Associated with Post-Traumatic Stress Disorder Using Cyclobenzaprine
European
Patent Office – Albania, Austria, Belgium, Bulgaria, Switzerland, Cyprus, Czechia, Germany, Denmark, Estonia, Spain,
Finland, France, United Kingdom, Greece, Croatia, Hungary, Ireland, Iceland, Italy, Lithuania, Luxembourg, Latvia, Monaco,
Republic of North Macedonia, Malta, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Sweden, Slovenia, Slovakia, San
Marino, Turkey
November
16, 2030
HK1176235
Methods
and Compositions for Treating Symptoms Associated with Post-Traumatic Stress Disorder Using Cyclobenzaprine
Hong
Kong
November
16, 2030
28
CBP
Fatigue
Patent
No.
Title
Country
/ Region
Expiration
Date
9,474,728
Methods
and Compositions for Treating Fatigue Associated with Disordered Sleep Using Very Low Dose Cyclobenzaprine
U.S.A.
June
9, 2031
10,722,478
Methods
and Compositions for Treating Fatigue Associated with Disordered Sleep Using Very Low Dose Cyclobenzaprine
U.S.A.
June
9, 2031
CBP/Amitriptyline
Eutectic Formulations
Patent
No.
Title
Country
/ Region
Expiration
Date
631152
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
New
Zealand
March
14, 2034
747040
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
New
Zealand
March
14, 2034
9,636,408
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
U.S.A.
March
14, 2034
9,956,188
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
U.S.A.
March
14, 2034
10,117,936
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
U.S.A.
March
14, 2034
10,322,094
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
U.S.A.
March
14, 2034
10,357,465
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
U.S.A.
September
18, 2035
10,736,859
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
U.S.A.
March
14, 2034
10,864,175
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
U.S.A.
March
14, 2034
10,864,176
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
U.S.A.
March
14, 2034
11,026,898
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
U.S.A.
September
18, 2035
6310542
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Japan
March
14, 2034
6614724
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Japan
September
18, 2035
6717902
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Japan
September
18, 2035
6088
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Saudi
Arabia
March
14, 2034
ZL201480024011.1
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
China
March
14, 2034
ZL.201580050140.2
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
China
September
18, 2035
2014233277
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Australia
March
14, 2034
2015317336
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Australia
September
18, 2035
I661825
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Taiwan
R.O.C.
March
14, 2034
I740136
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Taiwan
R.O.C.
March
14, 2034
IDP000055516
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Indonesia
March
14, 2034
IDP000063221
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Indonesia
September
18, 2035
IDP000076872
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Indonesia
March
14, 2034
2968992
(1211591
in Austria, CZ2014-762323 in Czechia, 602014058260.5 in Germany, E018723 in Estonia, P20200055 in Croatia, 201361792757
P in Ireland, 2020.67 in Monaco, P-2020/0094 in Serbia, 201431487 in Slovenia, 33269 in Slovakia, 2020000045 in San Marino)
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
European
Patent Office -Albania, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Republic
of North Macedonia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands,
Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom
March
14, 2034
241353
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Israel
March
14, 2034
251218
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Methods of Producing Same
Israel
September
18, 2035
370021
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Mexico
March
14, 2034
387402
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Mexico
September
18, 2035
388137
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Mexico
March
14, 2034
2015/07443
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
South
Africa
March
14, 2034
2017/01637
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
South
Africa
September
18, 2035
BR112015022095-9
Pharmaceutical
Composition, Method of Fabrication, Eutectic Composition and Use of Compositions Containing Cyclobenzaprine HCl and Mannitol
Brazil
March
14, 2034
2904812
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Canada
March
14, 2034
HK1218727
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Hong
Kong
March
14, 2034
MY-186047-A
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Malaysia
September
18, 2035
29
Oxytocin
therapeutics
Patent
No.
Title
Country
/ Region
Expiration
Date
9,629,894
Magnesium-Containing
Oxytocin Formulations and Methods of Use
U.S.A.
January
7, 2036
11201705591P
Magnesium-Containing
Oxytocin Formulations and Methods of Use
Singapore
January
7, 2036
Not
Yet Assigned
Magnesium-Containing
Oxytocin Formulations and Methods of Use
Mexico
January
7, 2036
2575853
Methods
and Pharmaceutical Composition for the Treatment of a Feeding Disorder with Early-Onset in a Patient
Europe
– (Spain, France, and United Kingdom)
May
25, 2031
8,853,158
Methods
for the Treatment of a Feeding Disorder with Onset During Neonate Development Using an Agonist of the Oxytocin Receptor
U.S.A.
May
25, 2031
9,125,862
Methods
for the Treatment of Prader-Willi-like Syndrome or Non-Organic Failure to Thrive (NOFITT) Feeding Disorder Using an Agonist
of the Oxytocin Receptor
U.S.A.
May
25, 2031
2571511
New
Uses of Oxytocin-like Molecules and Related Methods
Europe
– (Switzerland, Spain, France, United Kingdom, and Ireland)
May
17, 2031
9,101,569
Methods
for the Treatment of Insulin Resistance
U.S.A.
June
22, 2031
30
Nociceptin/Orphanin
FQ therapeutics
Patent
No.
Title
Country
/ Region
Expiration
Date
8,551,949
Methods
for treatment of pain
U.S.A.
August
11, 2031
9,238,053
Methods
for treatment of pain
U.S.A.
October
12, 2030
2010281436
Methods
for treatment of pain
Australia
July
27, 2030
ZL
201080042858.4
Methods
for treatment of pain
China
July
27, 2030
2459183
(602010028120.5 in Germany)
Methods
for treatment of pain
Europe
– (Switzerland, Germany, Denmark, France, and United Kingdom)
July
27, 2030
1169804
Methods
for treatment of pain
Hong
Kong
July
27, 2030
329837
Methods
for treatment of pain
Mexico
July
27, 2030
597763
Methods
for treatment of pain
New
Zealand
July
27, 2030
10201406930U
Methods
for treatment of pain
Singapore
July
27, 2030
201200584
Methods
for treatment of pain
South
Africa
July
27, 2030
Tianeptine
Oxalate – Salts and Crystalline Forms
Patent
No.
Title
Country
/ Region
Expiration
Date
10,449,203
Tianeptine
Oxalate Salts and Polymorphs
U.S.A.
December
28, 2037
10,946,027
Tianeptine
Oxalate Salts and Polymorphs
U.S.A.
December
28, 2037
2019/04185
Tianeptine
Oxalate Salts and Polymorphs
South
Africa
December
28, 2037
Tianeptine
– Neurocognitive Dysfunction
Patent
No.
Title
Country
/ Region
Expiration
Date
9,314,469
Method
for Treating Neurocognitive Dysfunction
U.S.A.
September
24, 2030
2723688
Method
for Treating Neurodegenerative Dysfunction
Canada
April
30, 2029
2299822
(602009047361.1 in Germany)
Method
for Treating Neurodegenerative Dysfunction
Europe
– Austria, Belgium, Switzerland, Germany, Spain, France, United Kingdom, Ireland, Luxembourg, Monaco, Portugal
April
30, 2029
3246031
(602009057284.9 in Germany)
Method
for Treating Neurocognitive Dysfunction
Europe
– Austria, Belgium, Switzerland, Germany, Spain, France, United Kingdom, Ireland, Luxembourg, Monaco, Portugal
April
30, 2029
31
Triple
reuptake inhibitor therapeutics
Patent
No.
Title
Country
/ Region
Expiration
Date
7,915,433
Tri-substituted
2-benzhydryl 5-benzlamino-tetrahydro-pyran-4-OL and 6-benzhydryl-4-benzylamino-tetrahydro-pyran-3-OL analogues, and novel
3,6 disubstituted pyran derivatives
U.S.A
March
10, 2028
8,017,791
Tri-substituted
2-benzhydryl 5-benzlamino-tetrahydro-pyran-4-OL and 6-benzhydryl-4-benzylamino-tetrahydro-pyran-3-OL analogues, and novel
3,6 disubstituted pyran derivatives
U.S.A.
April
14, 2024
8,519,159
Tri-substituted
2-benzhydryl 5-benzlamino-tetrahydro-pyran-4-OL and 6-benzhydryl-4-benzylamino-tetrahydro-pyran-3-OL analogues, and novel
3,6 disubstituted pyran derivatives
U.S.A
December
7, 2025
8,841,464
Tri-substituted
2-benzhydryl 5-benzlamino-tetrahydro-pyran-4-OL and 6-benzhydryl-4-benzylamino-tetrahydro-pyran-3-OL analogues, and novel
3,6 disubstituted pyran derivatives
U.S.A
April
15, 2025
8,937,189
Tri-substituted
2-benzhydryl 5-benzlamino-tetrahydro-pyran-4-OL and 6-benzhydryl-4-benzylamino-tetrahydro-pyran-3-OL analogues, and novel
3,6 disubstituted pyran derivatives
U.S.A
January
12, 2027
9,458,124
Substituted
Pyran Derivatives
U.S.A
February
6, 2034
TFF2
therapeutics
Patent
No.
Title
Country
/ Region
Expiration
Date
10,124,037
Trefoil
family factor proteins and uses thereof
U.S.A
April
2, 2033
11,167,010
Trefoil
family factor proteins and uses thereof
U.S.A
April
2, 2033
Pending
Patent Applications
Our
current pending patent applications are as follows:
CD40
and CD154 Therapeutics
Application
No.
Title
Country
/ Region
17/623,710
Anti-CD154
antibodies and uses thereof
U.S.A.
Not
Yet Assigned
Anti-CD154
antibodies and uses thereof
Australia
BR112021026410-8
Anti-CD154
antibodies and uses thereof
Brazil
Not
Yet Assigned
Anti-CD154
antibodies and uses thereof
Canada
Not
Yet Assigned
Anti-CD154
antibodies and uses thereof
China
20764933.6
Anti-CD154
antibodies and uses thereof
European
Patent Office
202217004870
Anti-CD154
antibodies and uses thereof
India
P00202200763
Anti-CD154
antibodies and uses thereof
Indonesia
289354
Anti-CD154
antibodies and uses thereof
Israel
2021-578262
Anti-CD154
antibodies and uses thereof
Japan
PI
2021007835
Anti-CD154
antibodies and uses thereof
Malaysia
MX/a/2022/000133
Anti-CD154
antibodies and uses thereof
Mexico
Not
Yet Assigned
Anti-CD154
antibodies and uses thereof
New
Zealand
11202114433Y
Anti-CD154
antibodies and uses thereof
Singapore
Not
Yet Assigned
Anti-CD154
antibodies and uses thereof
South
Africa
PCT/US2022/011404
Methods
of Inducing Immune Tolerance with Modified Anti-CD154 Antibodies
PCT
3136725
Inhibitors
of CD40-CD154 Binding
Canada
20787970.1
Inhibitors
of CD40-CD154 Binding
European
Patent Office
2021-560713
Inhibitors
of CD40-CD154 Binding
Japan
CBP/Amitriptyline
Eutectic Formulations
Application
No.
Title
Country
/ Region
17/121,547
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
U.S.A.
17/082,949
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
U.S.A.
2020289838
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Australia
BR112017005231-8
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Brazil
BR122020020968-2
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Brazil
2,961,822
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Canada
3,119,755
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Canada
201910263541.6
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
China
202011576351.9
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
China
15841528.1
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
European
Patent Office
19214535.7
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
European
Patent Office
18101200.4
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Hong
Kong
42020003105.2
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Hong
Kong
42020019748.1
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Hong
Kong
42021036749.6
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Hong
Kong
277814
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Methods of Producing Same (Allowed)
Israel
3392/KOLNP/2015
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
India
201717013182
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
India
2021-105582
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Japan
2021-169539
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Japan
32
Application
No.
Title
Country
/ Region
PI
2015703142
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Malaysia
730379
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
New
Zealand
768064
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
New
Zealand
517381123
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Saudi
Arabia
10201707528W
10201902203V
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Eutectic
Formulations of Cyclobenzaprine Hydrochloride
Singapore
Singapore
2014-000391
Eutectic
Formulations of Cyclobenzaprine Hydrochloride and Amitriptyline Hydrochloride
Venezuela
Sublingual
CBP/Amitriptyline
Application
No.
Title
Country
/ Region
13/918,692
Compositions
and Methods for Transmucosal Absorption
U.S.A.
P20130102101
Compositions
and Methods for Transmucosal Absorption
Argentina
BR112014031394-6
Compositions
and Methods for Transmucosal Absorption
Brazil
BR122019024508-8
Compositions
and Methods for Transmucosal Absorption
Brazil
3,118,913
Compositions
and Methods for Transmucosal Absorption
Canada
202010024102.2
Compositions
and Methods for Transmucosal Absorption
China
13804115.7
Compositions
and Methods for Transmucosal Absorption
European
Patent Office
2013/24661
2013/37088
Compositions
and Methods for Transmucosal Absorption
Compositions
and Methods for Transmucosal Absorption
Gulf
Cooperation Council
Gulf
Cooperation Council
2013/40660
Compositions
and Methods for Transmucosal Absorption
Gulf
Cooperation Council
15110186.6
Compositions
and Methods for Transmucosal Absorption
Hong
Kong
42020020336.2
Compositions
and Methods for Transmucosal Absorption
Hong
Kong
P-00
2021 01421
Compositions
and Methods for Transmucosal Absorption
Indonesia
236268
Compositions
and Methods for Transmucosal Absorption (Allowed)
Israel
2021-100154
Compositions
and Methods for Transmucosal Absorption
Japan
MX/a/2021/005317
Compositions
and Methods for Transmucosal Absorption
Mexico
PI
2014703784
Compositions
and Methods for Transmucosal Absorption
Malaysia
10201605407T
Compositions
and Methods for Transmucosal Absorption
Singapore
2013-000737
Compositions
and Methods for Transmucosal Absorption
Venezuela
2015/00288
Compositions
and Methods for Transmucosal Absorption (Allowed)
South
Africa
33
CBP
– PTSD
Application
No.
Title
Country
/ Region
15/915,688
Methods
and Compositions for Treating Symptoms Associated with Post-Traumatic Stress Disorder Using Cyclobenzaprine
U.S.A.
Assessing
Clinical Response – PTSD
Application
No.
Title
Country
/ Region
PCT/US2022/015327
An
Improved Method of Assessing Clinical Response in the Treatment of PTSD Symptoms
PCT
CBP
– Fatigue
Application
No.
Title
Country
/ Region
16/903,965
Methods
and Compositions for Treating Fatigue Associated with Disordered Sleep Using Very Low Dose Cyclobenzaprine
U.S.A.
CBP
– Agitation in Neurodegenerative Condition
Application
No.
Title
Country
/ Region
16/215,952
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
U.S.A.
2018383098
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
Australia
BR112020011345-0
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
Brazil
3,083,341
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
Canada
201880079917.1
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
China
18847270.8
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
European
Patent Office
P00202004178
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
Indonesia
275289
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
Israel
202017023747
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
India
2020-531611
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
Japan
MX/a/2020/006140
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
Mexico
PI2020002800
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
Malaysia
765792
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
New
Zealand
520412146
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
Saudi
Arabia
11202004799T
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
Singapore
2020/03243
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
South
Africa
6202002246.2
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
Hong
Kong
62021029558.5
Cyclobenzaprine
Treatment for Agitation, Psychosis and Cognitive Decline in Dementia and Neurodegenerative Conditions
Hong
Kong
34
CBP
– Depression
Application
No.
Title
Country
/ Region
13/412,571
Methods
and Compositions for Treating Depression Using Cyclobenzaprine
U.S.A.
2,829,200
Methods
and Compositions for Treating Depression Using Cyclobenzaprine (Allowed)
Canada
19214568.8
Methods
and Compositions for Treating Depression Using Cyclobenzaprine
European
Patent Office
Analogs
of CBP
Application
No.
Title
Country
/ Region
16/630,832
CA3069699
201880050758.2
EP18831505.5
Analogs
of Cyclobenzaprine and Amitryptilene
Analogs
of Cyclobenzaprine and Amitryptilene
Analogs
of Cyclobenzaprine and Amitryptilene
Analogs
of Cyclobenzaprine and Amitryptilene
Analogs
of Cyclobenzaprine and Amitryptilene
U.S.A.
Canada
China
European
Patent Office
2020-526592
Analogs
of Cyclobenzaprine and Amitryptilene
Japan
CBP
– ASD and PTSD
Application
No.
Title
Country
/ Region
2019/38140
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
Gulf
Cooperation Council
108129709
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
Taiwan
R.O.C.
17/269,106
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
U.S.A.
2019323764
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
Australia
PI2021000802
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
Malaysia
772889
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
New
Zealand
CBP
– Fibromyalgia
Application
No.
Title
Country
/ Region
PCT/US2021/062244
Cyclobenzaprine
Treatment for Fibromyalgia
PCT
CBP
– Alcohol Use Disorder
Application
No.
Title
Country
/ Region
PCT/US2021/060011
Cyclobenzaprine
Treatment for Alcohol Use Disorder
PCT
CBP/Amitriptyline
– Single Nucleotide Polymorphisms as Predictive Markers
Application
No.
Title
Country
/ Region
63/301,313
Single
Nucleotide Polymorphisms (SNPs) as Predictive Markers for Treatment with Cyclobenzaprine or Amitriptyline
U.S.A.
Application
No.
Title
Country
/ Region
280921
Cyclobenzaprine
or Amitriptyline Containing Compositions for Use in Treating Stress Disorders
Israel
2021-509201
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
Japan
BR1120210033107-3
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
Brazil
MX/a/2021/002012
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
Mexico
CA
3109258
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
Canada
11202101443W
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
Singapore
2021/01121
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
South
Africa
P00202101716
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
Indonesia
202117011223
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
India
201980062283.3
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
China
19802247.7
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
European
Patent Office
62021045278.0
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
Hong
Kong
62022046260.5
Methods
of Treating Acute Stress Disorder and Posttraumatic Stress Disorder
Hong
Kong
35
CBP
– Sexual dysfunction
Application
No.
Title
Country
/ Region
PCT/US2021/026492
Cyclobenzaprine
Treatment for Sexual Dysfunction
PCT
17/226,058
Cyclobenzaprine
Treatment for Sexual Dysfunction
U.S.A
Oxytocin
therapeutics
Application
No.
Title
Country
/ Region
15/541,991
Magnesium-Containing
Oxytocin Formulations and Methods of Use
U.S.A.
2020286221
Magnesium-Containing
Oxytocin Formulations and Methods of Use
Australia
BR1120170145456
Magnesium-Containing
Oxytocin Formulations and Methods of Use
Brazil
2972975
Magnesium-Containing
Oxytocin Formulations and Methods of Use
Canada
201680013809.5
Magnesium-Containing
Oxytocin Formulations and Methods of Use
China
16735422.4
Magnesium-Containing
Oxytocin Formulations and Methods of Use
European
Patent Office
18112297.5
Magnesium-Containing
Oxytocin Formulations and Methods of Use
Hong
Kong
253347
Magnesium-Containing
Oxytocin Formulations and Methods of Use (Allowed)
Israel
2017-535877
Magnesium-Containing
Oxytocin Formulations and Methods of Use (Allowed)
Japan
2021-179295
Magnesium-Containing
Oxytocin Formulations and Methods of Use
Japan
1020177021998
Magnesium-Containing
Oxytocin Formulations and Methods of Use
Republic
of Korea
734097
Magnesium-Containing
Oxytocin Formulations and Methods of Use
New
Zealand
771693
Magnesium-Containing
Oxytocin Formulations and Methods of Use
New
Zealand
201705176
Magnesium-Containing
Oxytocin Formulations and Methods of Use
South
Africa
16/976,912
Labeled
Oxytocin and Method of Manufacture and Use
U.S.A.
19710979.6
Labeled
Oxytocin and Method of Manufacture and Use
European
Patent Office
2020-545532
Labeled
Oxytocin and Method of Manufacture and Use
Japan
16/093,104
Magnesium-Containing
Oxytocin Formulations and Methods of Use
U.S.A.
2017250505
Magnesium-Containing
Oxytocin Formulations and Methods of Use
Australia
3,020,179
Magnesium-Containing
Oxytocin Formulations and Methods of Use
Canada
2017800361853
Magnesium-Containing
Oxytocin Formulations and Methods of Use
China
17783080.9
Magnesium-Containing
Oxytocin Formulations and Methods of Use
European
Patent Office
19128645.9
Magnesium-Containing
Oxytocin Formulations and Methods of Use
Hong
Kong
2018-553235
Magnesium-Containing
Oxytocin Formulations and Methods of Use
Japan
MX/a/2018/012351
Magnesium-Containing
Oxytocin Formulations and Methods of Use
Mexico
747221
Magnesium-Containing
Oxytocin Formulations and Methods of Use
New
Zealand
63/237,727
Cationic
Oxytocin Peptide Analogs
U.S.A.
Nociceptin/Orphanin
FQ therapeutics
Application
No.
Title
Country
/ Region
BR122021007932-3
Methods
for Treatment of Pain
Brazil
2,769,347
Methods
for Treatment of Pain (Allowed)
Canada
1614/CHENP/2012
Methods
for Treatment of Pain
India
Tianeptine
Oxalate – Salts and Crystalline Forms
Application
No.
Title
Country
/ Region
2017385958
Tianeptine
Oxalate Salts and Polymorphs (Allowed)
Australia
BR112019013244-9
Tianeptine
Oxalate Salts and Polymorphs
Brazil
3,048,324
Tianeptine
Oxalate Salts and Polymorphs
Canada
201780085697.9
Tianeptine
Oxalate Salts and Polymorphs
China
17844642.3
Tianeptine
Oxalate Salts and Polymorphs
European
Patent Office
62020006380.3
Tianeptine
Oxalate Salts and Polymorphs
Hong
Kong
62020006381.1
Tianeptine
Oxalate Salts and Polymorphs
Hong
Kong
P00201906474
Tianeptine
Oxalate Salts and Polymorphs
Indonesia
267708
Tianeptine
Oxalate Salts and Polymorphs, Compositions Comprising Same and Uses Thereof
Israel
201917029300
Tianeptine
Oxalate Salts and Polymorphs
India
2019-535330
MX/a/2019/007891
PI2019003711
754797
519402021
11201905974W
Tianeptine
Oxalate Salts and Polymorphs
Tianeptine
Oxalate Salts and Polymorphs
Tianeptine
Oxalate Salts and Polymorphs
Tianeptine
Oxalate Salts and Polymorphs
Tianeptine
Oxalate Salts and Polymorphs
Tianeptine
Oxalate Salts and Polymorphs
Japan
Mexico
Malaysia
New
Zealand
Saudi
Arabia
Singapore
36
Tianeptine
Neurocognitive Dysfunction
Application
No.
Title
Country
/ Region
16/937,919
Method
for Treating Neurocognitive Dysfunction
U.S.A.
Tianeptine
and Naloxone – Major Depressive Disorder
Application
No.
Title
Country
/ Region
63/161,441
Tianeptine
Oxalate and Naloxone Treatment for Major Depressive Disorder
U.S.A.
Novel
Smallpox Vaccines
Application
No.
Title
Country
/ Region
14/207,727
Novel
Smallpox Vaccines
U.S.A.
Synthetic
Chimeric Poxviruses
Application
No.
Title
Country
/ Region
15/802,189
Synthetic
Chimeric Poxviruses
U.S.A.
P
20170103043
Synthetic
Chimeric Poxviruses
Argentina
2017/34209
Synthetic
Chimeric Poxviruses
Gulf
Cooperation Council
2017/41626
Synthetic
Chimeric Poxviruses
Gulf
Cooperation Council
106137976
Synthetic
Chimeric Poxviruses
Taiwan
R.O.C.
2017353868
Synthetic
Chimeric Poxviruses
Australia
BR112019008781-8
Synthetic
Chimeric Poxviruses
Brazil
3,042,694
Synthetic
Chimeric Poxviruses
Canada
201780078546.0
Synthetic
Chimeric Poxviruses
China
17868045.0
Synthetic
Chimeric Poxviruses
European
Patent Office
201917021814
PID201904682
Synthetic
Chimeric Poxviruses
Synthetic
Chimeric Poxviruses
India
Indonesia
266399
2019-545700
Synthetic
Chimeric Poxviruses
Synthetic
Chimeric Poxviruses
Israel
Japan
PI2019002462
Synthetic
Chimeric Poxviruses
Malaysia
MX/a/2019/005102
752893
11201903893P
Synthetic
Chimeric Poxviruses
Synthetic
Chimeric Poxviruses
Synthetic
Chimeric Poxviruses
Mexico
New
Zealand
Singapore
2019/02868
Synthetic
Chimeric Poxviruses
South
Africa
2017-000418
Synthetic
Chimeric Poxviruses
Venezuela
62020003684.1
Synthetic
Chimeric Poxviruses
Hong
Kong
62020003675.9
Synthetic
Chimeric Poxviruses
Hong
Kong
Synthetic
Vaccinia Virus
Application
No.
Title
Country
/ Region
2019/37492
Synthetic
Chimeric Vaccinia Virus
Gulf
Cooperation Council
2019/41458
Synthetic
Chimeric Vaccinia Virus
Gulf
Cooperation Council
20190101165
Synthetic
Chimeric Vaccinia Virus
Argentina
108115290
Synthetic
Chimeric Vaccinia Virus
Taiwan
R.O.C.
17/050,946
Synthetic
Chimeric Vaccinia Virus
U.S.A.
2019262149
Synthetic
Chimeric Vaccinia Virus
Australia
BR112020022181-3
Synthetic
Chimeric Vaccinia Virus
Brazil
3099330
Synthetic
Chimeric Vaccinia Virus
Canada
201980029677.9
Synthetic
Chimeric Vaccinia Virus
China
19796145.1
Synthetic
Chimeric Vaccinia Virus
European
Patent Office
202017052398
Synthetic
Chimeric Vaccinia Virus
India
P00202008694
Synthetic
Chimeric Vaccinia Virus
Indonesia
278419
Synthetic
Chimeric Vaccinia Virus
Israel
2020-560920
Synthetic
Chimeric Vaccinia Virus
Japan
PI
2020005696
Synthetic
Chimeric Vaccinia Virus
Malaysia
MX/a/2020/011586
Synthetic
Chimeric Vaccinia Virus
Mexico
768999
Synthetic
Chimeric Vaccinia Virus
New
Zealand
11202010272P
Synthetic
Chimeric Vaccinia Virus
Singapore
2020/06350
Synthetic
Chimeric Vaccinia Virus
South
Africa
62021036744.2
Synthetic
Chimeric Vaccinia Virus
Hong
Kong
62021038254.0
Synthetic
Chimeric Vaccinia Virus
Hong
Kong
37
Stem
cells-scPV treatment
Application
No.
Title
Country
/ Region
2019/37505
Stem
Cells Comprising Synthetic Chimeric Vaccinia Virus and Methods of Using Them
Gulf
Cooperation Council
2019/41460
Stem
Cells Comprising Synthetic Chimeric Vaccinia Virus and Methods of Using Them
Gulf
Cooperation Council
20190101166
Stem
Cells Comprising Synthetic Chimeric Vaccinia Virus and Methods of Using Them
Argentina
108115294
Stem
Cells Comprising Synthetic Chimeric Vaccinia Virus and Methods of Using Them
Taiwan
R.O.C.
17/049,741
Stem
Cells Comprising Synthetic Chimeric Vaccinia Virus and Methods of Using Them
U.S.A.
2019262150
Stem
Cells Comprising Synthetic Chimeric Vaccinia Virus and Methods of Using Them
Australia
3098145
Stem
Cells Comprising Synthetic Chimeric Vaccinia Virus and Methods of Using Them
Canada
201980029672.6
Stem
Cells Comprising Synthetic Chimeric Vaccinia Virus and Methods of Using Them
China
19797026.2
Stem
Cells Comprising Synthetic Chimeric Vaccinia Virus and Methods of Using Them
European
Patent Office
278420
Stem
Cells Comprising Synthetic Chimeric Vaccinia Virus and Methods of Using Them
Israel
2020-561064
Stem
Cells Comprising Synthetic Chimeric Vaccinia Virus and Methods of Using Them
Japan
62021038255.7
Stem
Cells Comprising Synthetic Chimeric Vaccinia Virus and Methods of Using Them
Hong
Kong
62021031667.0
Stem
Cells Comprising Synthetic Chimeric Vaccinia Virus and Methods of Using Them
Hong
Kong
Poxvirus
vaccine against COVID-19
Application
No.
Title
Country
/ Region
PCT/US2021/020119
Recombinant
Poxvirus Based Vaccine against SARS-CoV-2 virus
PCT
17/187,678
Recombinant
Poxvirus Based Vaccine against SARS-CoV-2 virus
U.S.A.
110107179
Recombinant
Poxvirus Based Vaccine against SARS-CoV-2 virus
Taiwan
20210100512
Recombinant
Poxvirus Based Vaccine against SARS-CoV-2 virus
Argentina
63/315,520
Recombinant
Poxvirus Based Vaccine against SARS-CoV-2 virus
U.S.A.
38
Salts
of glutathione
Application
No.
Title
Country
/ Region
17/442,258
Salt
forms of S-(N, N-diethylcarbamolyl) glutathione
U.S.A.
2020249868
Salt
forms of S-(N, N-diethylcarbamolyl) glutathione
Australia
3,134,875
Salt
forms of S-(N, N-diethylcarbamolyl) glutathione
Canada
202080034626.8
Salt
forms of S-(N, N-diethylcarbamolyl) glutathione
China
20727359.0
Salt
forms of S-(N, N-diethylcarbamolyl) glutathione
European
Patent Office
286730
Salt
forms of S-(N, N-diethylcarbamolyl) glutathione
Israel
2021-557223
Salt
forms of S-(N, N-diethylcarbamolyl) glutathione
Japan
TFF2
therapeutics
Application
No.
Title
Country
/ Region
17/638,760
Modified
TFF2 polypeptides
U.S.A.
Not
yet assigned
Modified
TFF2 polypeptides
Australia
Not
yet assigned
Modified
TFF2 polypeptides
Canada
Not
yet assigned
Modified
TFF2 polypeptides
China
Not
yet assigned
Modified
TFF2 polypeptides
European
Patent Office
Not
yet assigned
Modified
TFF2 polypeptides
India
290910
Modified
TFF2 polypeptides
Israel
2022-513154
Modified
TFF2 polypeptides
Japan
MX/a/2022/002337
Modified
TFF2 polypeptides
Mexico
Not
yet assigned
Modified
TFF2 polypeptides
New
Zealand
Not
yet assigned
Modified
TFF2 polypeptides
South
Africa
Radioprotection
therapeutics
Application
No.
Title
Country
/ Region
PCT/US2021/031441
Radio-
and Chemo-Protective Compounds
PCT
17/315,258
Radio-Protective
and Chemo-Protective Substituted Thiols
U.S.A.
Detecting
SARS-CoV-2
Application
No.
Title
Country
/ Region
PCT/US2021/042102
Skin-based
Testing for Detection of Cell-Mediated Immune Responses to SARS-CoV-2
PCT
17/378,642
Skin-based
Testing for Detection of Cell-Mediated Immune Responses to SARS-CoV-2
U.S.A.
110126495
Skin-based
Testing for Detection of Cell-Mediated Immune Responses to SARS-CoV-2
Taiwan
Clinical
data statistical analysis
Application
No.
Title
Country
/ Region
PCT/US2021/056213
Randomization
Honoring Methods to Assess the Significance of Interventions on Outcomes in Disorders
PCT
17/508,182
Randomization
Honoring Methods to Assess the Significance of Interventions on Outcomes in Disorders
U.S.A.
Sangivamycin
and nucleoside analogs – Ebola virus
Application
No.
Title
Country
/ Region
16/348,867
Methods
of Treating and Inhibiting Ebola Virus Infection
U.S.A.
3040540
Methods
of Treating and Inhibiting Ebola Virus Infection
Canada
17869003.8
Methods
of Treating and Inhibiting Ebola Virus Infection
European
Patent Office
Sangivamycin
and nucleoside analogs – Coronavirus
Application
No.
Title
Country
/ Region
PCT/US2020/028567
Method
for Treating Coronavirus Infections
PCT
PCT/US2021/016472
Method
for Treating Coronavirus Infections
PCT
16/851,047
Method
for Treating Coronavirus Infections
U.S.A.
39
Sangivamycin
and nucleoside analogs – Arenaviridae
Application
No.
Title
Country
/ Region
PCT/US2021/027352
Method
for Treating Arenaviridae Infections
PCT
Sangivamycin
and nucleoside analogs – Poxviridae
Application
No.
Title
Country
/ Region
PCT/US2021/027354
Method
for Treating Poxviridae Infections
PCT
Trademarks
and Service Marks
We
seek trademark and service mark protection in the United States and outside of the United States where available and when appropriate.
We are the owner of the following U.S. federally registered marks: TONIX PHARMACEUTICALS (Reg. No. 4656463, issued December 16,
2014) and TONMYA (Reg. No. 4868328, issued December 8, 2015).
We
are the owner of the following marks for which applications for U.S. federal registration are currently pending: FYMRALIN (Serial
No. 88/064191, filed August 3, 2018), MODALTIN (Serial No. 88/196892, filed November 16, 2018), RAPONTIS (Serial No.
88/196897, filed November 16, 2018), PROTECTIC (Serial No. 88/196912, filed November 16, 2018), TONIX PHARMACEUTICALS (Serial
No. 88/896150, filed April 30, 2020), and ANGSTRO-TECHNOLOGY (Serial No. 88/690384, filed November 13, 2019) and TONMYA (Serial
No. 97/185424, filed December 22, 2021).
Research
and Development
We have approximately 52 employees dedicated to research and development.
Our research and development operations are located in Chatham, NJ, Dartmouth, MA, Frederick, Maryland, San Diego, CA, Dublin, Ireland
and Montreal, Canada. We have used, and expect to continue to use, third parties to conduct our nonclinical and clinical studies. We
acquired the infectious disease RDC in Frederick, Maryland consisting of two buildings totaling approximately 48,000 square feet. The
acquisition closed in October 2021 and was operational at closing, but as of December 31, 2021, the facility was not ready for its intended
use. It is our intention to have the facility ready for use in the first half of 2022.
Manufacturing
We
have contracted with a third-party cGMP-compliant contract manufacturer organization, or CMOs, for the manufacture of TNX-102
SL drug substances and drug products for investigational purposes, including nonclinical and clinical testing. For TNX-102 SL,
we have engaged a cGMP facility for manufacturing of to-be-marketed product for Phase 3 clinical and commercial. Our manufacturing
operations are managed and controlled in Dublin, Ireland.
All
of our small molecules drug candidates are synthesized using industry standard processes, and our drug products are formulated
using commercially available pharmaceutical grade excipients.
Our
smallpox-preventing vaccine candidate is a biologic and uses live form of horsepox. Both the drug substance (HPVX and the cell
bank) and the drug product (vaccine) will be manufactured by contract cGMP-compliant facilities capable of manufacturing for nonclinical/clinical
testing and licensed product.
On September 28, 2020, we completed
the purchase of our 40,000 square foot facility in Massachusetts, to house our new Advanced Development Center for accelerated development
and manufacturing of vaccines. As of December 31, 2021, the facility was not ready for its intended use.
On December 23, 2020, we completed
the purchase of our approximately 44-acre site in Hamilton, Montana, for the construction of a vaccine development and commercial scale
manufacturing facility. As of December 31, 2021, the facility was not ready for its intended use.
On March 5, 2021, the Company
announced that it entered into a $2.9 million non-binding Purchase and Sale Agreement in connection with a property in Massachusetts,
which is expected to close in the second quarter of 2022. The Property is intended for process development activities.
Government
Regulations
The
FDA and other federal, state, local and foreign regulatory agencies impose substantial requirements upon the clinical development,
approval, labeling, manufacture, marketing and distribution of drug products. These agencies regulate, among other things, research
and development activities and the testing, approval, manufacture, quality control, safety, effectiveness, labeling, storage,
record keeping, advertising and promotion of our product candidates. The regulatory approval process is generally lengthy and
expensive, with no guarantee of a positive result. Moreover, failure to comply with applicable requirements by the FDA or other
requirements may result in civil or criminal penalties, recall or seizure of products, injunctive relief including partial or
total suspension of production, or withdrawal of a product from the market.
40
The
FDA regulates, among other things, the research, manufacture, promotion and distribution of drugs in the U.S. under the FDCA and
other statutes and implementing regulations. The process required by the FDA before prescription drug product candidates may be
marketed in the U.S. generally involves the following:
●
completion
of extensive nonclinical laboratory tests, animal studies and formulation studies, all performed in accordance with the FDA’s
Good Laboratory Practice regulations;
●
submission
to the FDA of an IND, which must become effective before human clinical trials may begin;
●
performance
of adequate and well-controlled human clinical trials in accordance with the FDA’s regulations, including Good Clinical
Practices, to establish the safety and efficacy of the product candidate for each proposed indication;
●
submission
to the FDA of an NDA for drug products, or a Biologics License Application, or BLA, for biologic products;
●
satisfactory
completion of a preapproval inspection by the FDA of the manufacturing facilities at which the product is produced to assess
compliance with cGMP regulations; and
●
the
FDA’s review and approval of the NDA or BLA prior to any commercial marketing, sale or shipment of the drug.
The
testing and approval process requires substantial time, effort and financial resources, and we cannot be certain that any approvals
for our product candidates will be granted on a timely basis, if at all.
Nonclinical
tests include laboratory evaluations of product chemistry, formulation and stability, as well as studies to evaluate toxicity
in animals and other animal studies. The results of nonclinical tests, together with manufacturing information and analytical
data, are submitted as part of an IND to the FDA. Some nonclinical testing may continue even after an IND is submitted. The IND
also includes one or more protocols for the initial clinical trial or trials and an investigator’s brochure. An IND automatically
becomes effective 30 days after receipt by the FDA, unless the FDA, within the 30-day time period, raises concerns or questions
relating to the proposed clinical trials as outlined in the IND and places the clinical trial on a clinical hold. In such cases,
the IND sponsor and the FDA must resolve any outstanding concerns or questions before any clinical trials can begin. Clinical
trial holds also may be imposed at any time before or during studies due to safety concerns or non-compliance with regulatory
requirements. An independent Institutional Review Board, or IRB, at each of the clinical centers proposing to conduct the clinical
trial must review and approve the plan for any clinical trial before it commences at that center. An IRB considers, among other
things, whether the risks to individuals participating in the trials are minimized and are reasonable in relation to anticipated
benefits. The IRB also approves the consent form signed by the trial participants and must monitor the study until completed.
Clinical
Trials
Clinical
trials involve the administration of the product candidate to human subjects under the supervision of qualified medical investigators
according to approved protocols that detail the objectives of the study, dosing procedures, subject selection and exclusion criteria,
and the parameters to be used to monitor participant safety. Each protocol for a U.S. study is submitted to the FDA as part of
the IND.
Human
clinical trials are typically conducted in three sequential phases, but the phases may overlap, or be combined.
●
Phase
1 clinical trials typically involve the initial introduction of the product candidate into healthy human volunteers. In Phase
1 clinical trials, the product candidate is typically tested for safety, dosage tolerance, absorption, metabolism, distribution,
excretion and pharmacodynamics.
●
Phase
2 clinical trials are generally conducted in a limited patient population to gather evidence about the efficacy of the product
candidate for specific, targeted indications; to determine dosage tolerance and optimal dosage; and to identify possible adverse
effects and safety risks. Phase 2 clinical trials, in particular Phase 2b trials, can be undertaken to evaluate clinical efficacy
and to test for safety in an expanded patient population at geographically dispersed clinical trial sites.
●
Phase
3 clinical trials are undertaken to evaluate clinical efficacy and to test for safety in an expanded patient population at
geographically dispersed clinical trial sites. The size of Phase 3 clinical trials depends upon clinical and statistical considerations
for the product candidate and disease. Phase 3 clinical trials are intended to establish the overall risk-benefit ratio of
the product candidate and provide an adequate basis for product labeling.
41
Post-approval
clinical trials, sometimes referred to as Phase 4 clinical trials, may be conducted after initial approval. These clinical trials
are used to gain additional experience from the treatment of patients in the intended therapeutic indication, particularly for
long-term safety follow-up.
Clinical
testing must satisfy the extensive regulations of the FDA. Reports detailing the results of the clinical trials must be submitted
at least annually to the FDA and safety reports must be submitted for serious and unexpected adverse events. Success in early-stage
clinical trials does not assure success in later-stage clinical trials. The FDA, an IRB or we may suspend a clinical trial at
any time on various grounds, including a finding that the research subjects or patients are being exposed to an unacceptable health
risk.
New
Drug Applications
Assuming
successful completion of the required clinical trials, the results of product development, nonclinical studies and clinical trials
are submitted to the FDA as part of an NDA (or BLA, in the case of a biologic product). An NDA or BLA also must contain extensive
manufacturing information, as well as proposed labeling for the finished product. An NDA or BLA applicant must develop information
about the chemistry and physical characteristics of the drug and finalize a process for manufacturing the product in accordance
with cGMP. The manufacturing process must be capable of consistently producing quality product within specifications approved
by the FDA. The manufacturer must develop methods for testing the quality, purity and potency of the final product. In addition,
appropriate packaging must be selected and tested, and stability studies must be conducted to demonstrate that the product does
not undergo unacceptable deterioration over its shelf life. Prior to approval, the FDA will conduct an inspection of the manufacturing
facilities to assess compliance with cGMP.
The
FDA reviews all NDAs and BLAs submitted before it accepts them for filing. The FDA may request additional information rather than
accept an NDA for filing. In this event, the NDA or BLA must be resubmitted with the additional information and is subject to
review before the FDA accepts it for filing. After an application is filed, the FDA may refer the NDA or BLA to an advisory committee
for review, evaluation and recommendation as to whether the application should be approved and under what conditions. The FDA
is not bound by the recommendations of an advisory committee, but it considers them carefully when making decisions. The FDA may
deny approval of an NDA or BLA if the applicable regulatory criteria are not satisfied. Data obtained from clinical trials are
not always conclusive and the FDA may interpret data differently than we interpret the same data. The FDA may issue a complete
response letter, which may require additional clinical or other data or impose other conditions that must be met in order to secure
final approval of the NDA or BLA. If a product receives regulatory approval, the approval may be significantly limited to specific
diseases and dosages or the indications for use may otherwise be limited, which could restrict the commercial value of the product.
In addition, the FDA may require us to conduct Phase 4 testing which involves clinical trials designed to further assess a drug’s
safety and effectiveness after NDA or BLA approval, and may require surveillance programs to monitor the safety of approved products
which have been commercialized. Once issued, the FDA may withdraw product approval if ongoing regulatory requirements are not
met or if safety or efficacy questions are raised after the product reaches the market.
Section
505(b) NDAs
There
are two types of NDAs: the Section 505(b)(1) NDA, or full NDA, and the Section 505(b)(2) NDA. We intend to file Section 505(b)(2)
NDAs for TNX-102 SL for FM and PTSD, and for certain other products, that might, if accepted by the FDA, save time and expense
in the development and testing of our product candidates. We may need to file a Section 505(b)(1) NDA for certain other products
in the future. A full NDA is submitted under Section 505(b)(1) of the FDCA, and must contain full reports of investigations conducted
by the applicant to demonstrate the safety and effectiveness of the drug. A Section 505(b)(2) NDA may be submitted for a drug
for which one or more of the investigations relied upon by the applicant was not conducted by or for the applicant and for which
the applicant has no right of reference from the person by or for whom the investigations were conducted. A Section 505(b)(2)
NDA may be submitted based in whole or in part on published literature or on the FDA’s finding of safety and efficacy of
one or more previously approved drugs, which are known as reference drugs. Thus, the filing of a Section 505(b)(2) NDA may result
in approval of a drug based on fewer clinical or nonclinical studies than would be required under a full NDA. The number and size
of studies that need to be conducted by the sponsor depends on the amount and quality of data pertaining to the reference drug
that are publicly available, and on the similarity of and differences between the applicant’s drug and the reference drug.
In some cases, extensive, time-consuming, and costly clinical and nonclinical studies may still be required for approval of a
Section 505(b)(2) NDA.
Our
drug approval strategy for our new formulations of approved chemical entities is to submit Section 505(b)(2) NDAs to the FDA.
As such, we plan to submit an NDA under Section 505(b)(2) for TNX-102 SL for FM, PTSD and Long COVID; TNX-1900, TNX-2900 and TNX-601
CR. The FDA may not agree that these product candidates are approvable as a Section 505(b)(2) NDA. If the FDA determines that
a Section 505(b)(2) NDA is not appropriate and that a full NDA is required, the time and financial resources required to obtain
FDA approval could substantially and materially increase, and be less likely to be approved. If the FDA requires a full NDA, or
requires more extensive testing and development for some other reason, our ability to compete with alternative products that arrive
on the market more quickly than our product candidates would be adversely impacted. If reference listed products are withdrawn
from the market by the FDA for a safety reason, we may not be able to reference such products to support our anticipated 505(b)(2)
NDAs, and we may be required to follow the requirements of Section 505(b)(1).
42
Patent
Protections
An
applicant submitting a Section 505(b)(2) NDA must certify to the FDA with respect to the patent status of the reference drug upon
which the applicant relies in support of approval of its drug. With respect to every patent listed in the FDA’s Orange Book,
which is the FDA’s list of approved drug products, as claiming the reference drug or an approved method of use of the reference
drug, the Section 505(b)(2) applicant must certify that: (1) there is no patent information listed in the orange book for the
reference drug; (2) the listed patent has expired; (3) the listed patent has not expired, but will expire on a particular date;
(4) the listed patent is invalid or will not be infringed by the manufacture, use, or sale of the product in the Section 505(b)(2)
NDA; or (5) if the patent is a use patent, that the applicant does not seek approval for a use claimed by the patent. If the applicant
files a certification to the effect of clause (1), (2) or (5), FDA approval of the Section 505(b)(2) NDA may be made effective
immediately upon successful FDA review of the application, in the absence of marketing exclusivity delays, which are discussed
below. If the applicant files a certification to the effect of clause (3), the Section 505(b)(2) NDA approval may not be made
effective until the expiration of the relevant patent and the expiration of any marketing exclusivity delays.
If
the Section 505(b)(2) NDA applicant provides a certification to the effect of clause (4), referred to as a paragraph IV certification,
the applicant also must send notice of the certification to the patent owner and the holder of the NDA for the reference drug.
The filing of a patent infringement lawsuit within 45 days of the receipt of the notification may prevent the FDA from approving
the Section 505(b)(2) NDA for 30 months from the date of the receipt of the notification unless the court determines that a longer
or shorter period is appropriate because either party to the action failed to reasonably cooperate in expediting the action. However,
the FDA may approve the Section 505(b)(2) NDA before the 30 months have expired if a court decides that the patent is invalid
or not infringed, or if a court enters a settlement order or consent decree stating the patent is invalid or not infringed.
Notwithstanding
the approval of many products by the FDA pursuant to Section 505(b)(2), over the last few years certain brand-name pharmaceutical
companies and others have objected to the FDA’s interpretation of Section 505(b)(2). If the FDA’s interpretation of
Section 505(b)(2) is successfully challenged in court, the FDA may be required to change its interpretation of Section 505(b)(2)
which could delay or even prevent the FDA from approving any Section 505(b)(2) NDA that we submit. The pharmaceutical industry
is highly competitive, and it is not uncommon for a manufacturer of an approved product to file a citizen petition with the FDA
seeking to delay approval of, or impose additional approval requirements for, pending competing products. If successful, such
petitions can significantly delay, or even prevent, the approval of the new product. Moreover, even if the FDA ultimately denies
such a petition, the FDA may substantially delay approval while it considers and responds to the petition.
Marketing
Exclusivity
Market
exclusivity provisions under the FDCA can delay the submission or the approval of Section 505(b)(2) NDAs, thereby delaying a Section
505(b)(2) product from entering the market. The FDCA provides five-year marketing exclusivity to the first applicant to gain approval
of an NDA for an NCE, meaning that the FDA has not previously approved any other drug containing the same active moiety. This
exclusivity prohibits the submission of a Section 505(b)(2) NDA for any drug product containing the active ingredient during the
five-year exclusivity period. However, submission of a Section 505(b)(2) NDA that certifies that a listed patent is invalid, unenforceable,
or will not be infringed, as discussed above, is permitted after four years, but if a patent infringement lawsuit is brought within
45 days after such certification, FDA approval of the Section 505(b)(2) NDA may automatically be stayed until 7½ years
after the NCE approval date. The FDCA also provides three years of marketing exclusivity for the approval of new and supplemental
NDAs for product changes, including, among other things, new indications, dosage forms, routes of administration or strengths
of an existing drug, or for a new use, if new clinical investigations, other than bioavailability studies, that were conducted
or sponsored by the applicant are deemed by FDA to be essential to the approval of the application. Five-year and three-year exclusivity
will not delay the submission or approval of another full NDA; however, as discussed above, an applicant submitting a full NDA
under Section 505(b)(1) would be required to conduct or obtain a right of reference to all of the nonclinical and adequate and
well-controlled clinical trials necessary to demonstrate safety and effectiveness.
Other
types of exclusivity in the United States include orphan drug exclusivity and pediatric exclusivity. The FDA may grant orphan
drug designation to a drug intended to treat a rare disease or condition, which is generally a disease or condition that affects
fewer than 200,000 individuals in the United States, or more than 200,000 individuals in the United States and for which there
is no reasonable expectation that the cost of developing and making available in the United States a drug for this type of disease
or condition will be recovered from sales in the United States for that drug. Seven-year orphan drug exclusivity is available
to a product that has orphan drug designation and that receives the first FDA approval for the indication for which the drug has
such designation. Orphan drug exclusivity prevents approval of another application for the same drug for the same orphan indication,
for a period of seven years, regardless of whether the application is a full NDA or a Section 505(b)(2) NDA, except in limited
circumstances, such as a showing of clinical superiority to the product with orphan exclusivity. Pediatric exclusivity, if granted,
provides an additional six months to an existing exclusivity or statutory delay in approval resulting from a patent certification.
This six-month exclusivity, which runs from the end of other exclusivity protection or patent delay, may be granted based on the
voluntary completion of a pediatric study in accordance with an FDA-issued “Written Request” for such a study.
43
Section
505(b)(2) NDAs are similar to full NDAs filed under Section 505(b)(1) in that they are entitled to any of these forms of exclusivity
if they meet the qualifying criteria. They also are entitled to the patent protections described above, based on patents that
are listed in the FDA’s Orange Book in the same manner as patents claiming drugs and uses approved for NDAs submitted as
full NDAs.
Breakthrough
Therapy Designation
The
Food and Drug Administration Safety and Innovation Act, or FDASIA, Section 902 provides for Breakthrough Therapy designation.
A Breakthrough Therapy is a drug:
●
intended
alone or in combination with one or more other drugs to treat a serious or life-threatening disease or condition; and
●
preliminary
clinical evidence indicates that the drug may demonstrate substantial improvement over existing therapies on one or more clinically
significant endpoints, such as substantial treatment effects observed early in clinical development.
Fast
Track Designation
A
Fast Track is a designation by the FDA of an investigational drug which:
●
intended
alone or in combination with one or more other drugs to treat a serious or life-threatening disease or condition; and
●
non-clinical
or clinical data demonstrate the potential to address an unmet medical need
Fast
track is a process designed to facilitate the development and expedite the review of drugs to treat serious conditions and fill
an unmet medical need. The benefits of a Fast Track designation include rolling submission of portions of the NDA for the drug
candidate and eligibility for priority review of the NDA. Additionally, more frequent meetings and written communication with
the FDA regarding the development plan and trial design for the drug candidate are encouraged throughout the entire drug development
and review process, with the goal of having earlier drug approval and access for patients.
Material
Threat Medical Countermeasures
In
2016, the 21 st Century Cures Act, or Act, was signed into law to support ongoing biomedical innovation. One part of
the Act, Section 3086, is aimed at “Encouraging Treatments for Agents that Present a National Security Threat.” The
Act created a new priority review voucher program for approved “material threat medical countermeasure applications.”
The Act defines such countermeasures as drug or biological products, including vaccines intended to treat biological, chemical,
radiological, or nuclear agents that present a national security threat or to treat harm from a condition that may be caused by
administering a drug or biological product against such an agent. The Department of Homeland Security has identified 13 such threats,
including anthrax, smallpox, Ebola/Marburg, tularemia, botulinum toxin, and pandemic influenza, which includes the SARS coronavirus
2, known as SARS-CoV-2. A priority review voucher can be applied to any other product application; it shortens the FDA review
timeline for a new application from 10-12 months to 6 months. The recipient of a priority review voucher may transfer it. We intend
to seek a priority review voucher if and when a TNX-801 Biologics License Application is approved as a material threat medical
countermeasure. However, the Priority Review Voucher program provision of the 21st Century Cures Act is set to expire in 2023.
If TNX-801 does not receive FDA licensure by 2023, we may not be able to capitalize on the incentives contained in the 21st Century
Cures Act unless the provision allowing for the Priority Review Voucher Program is extended until such time as TNX-801 is licensed.
Other
Regulatory Requirements
Maintaining
substantial compliance with appropriate federal, state and local statutes and regulations requires the expenditure of substantial
time and financial resources. Drug manufacturers are required to register their establishments with the FDA and certain state
agencies, and after approval, the FDA and these state agencies conduct periodic unannounced inspections to ensure continued compliance
with ongoing regulatory requirements, including cGMPs. In addition, after approval, some types of changes to the approved product,
such as adding new indications, manufacturing changes and additional labeling claims, are subject to further FDA review and approval.
The FDA may require post-approval testing and surveillance programs to monitor safety and the effectiveness of approved products
that have been commercialized. Any drug products manufactured or distributed by us pursuant to FDA approvals are subject to continuing
regulation by the FDA, including:
●
record-keeping
requirements;
44
●
reporting
of adverse experiences with the drug;
●
providing
the FDA with updated safety and efficacy information;
●
reporting
on advertisements and promotional labeling;
●
drug
sampling and distribution requirements; and
●
complying
with electronic record and signature requirements.
In
addition, the FDA strictly regulates labeling, advertising, promotion and other types of information on products that are placed
on the market. There are numerous regulations and policies that govern various means for disseminating information to health-care
professionals as well as consumers, including to industry sponsored scientific and educational activities, information provided
to the media and information provided over the Internet. Drugs may be promoted only for the approved indications and in accordance
with the provisions of the approved label.
The
FDA has very broad enforcement authority and the failure to comply with applicable regulatory requirements can result in administrative
or judicial sanctions being imposed on us or on the manufacturers and distributors of our approved products, including warning
letters, refusals of government contracts, clinical holds, civil penalties, injunctions, restitution and disgorgement of profits,
recall or seizure of products, total or partial suspension of production or distribution, withdrawal of approvals, refusal to
approve pending applications, and criminal prosecution resulting in fines and incarceration. The FDA and other agencies actively
enforce the laws and regulations prohibiting the promotion of off-label uses, and a company that is found to have improperly promoted
off-label uses may be subject to significant liability. In addition, even after regulatory approval is obtained, later discovery
of previously unknown problems with a product may result in restrictions on the product or even complete withdrawal of the product
from the market.
Coverage
and Reimbursement
Sales
of our product candidates, if approved, will depend, in part, on the extent to which such products will be covered by third-party
payors, such as government health care programs, commercial insurance and managed healthcare organizations. These third-party
payors are increasingly limiting coverage or reducing reimbursements for medical products and services. In addition, the U.S.
government, state legislatures and foreign governments have continued implementing cost-containment programs, including price
controls, restrictions on reimbursement and requirements for substitution of generic products. Third-party payors decide which
therapies they will pay for and establish reimbursement levels. Third-party payors often rely upon Medicare coverage policy and
payment limitations in setting their own coverage and reimbursement policies. However, decisions regarding the extent of coverage
and amount of reimbursement to be provided for any drug candidates that we develop will be made on a payor-by-payor basis.
Each payor determines whether or not it will provide coverage for a therapy, what amount it will pay the manufacturer for the
therapy, and on what tier of its formulary it will be placed. The position on a payor’s list of covered drugs, or formulary,
generally determines the co-payment that a patient will need to make to obtain the therapy and can strongly influence
the adoption of such therapy by patients and physicians. Adoption of price controls and cost-containment measures, and adoption
of more restrictive policies in jurisdictions with existing controls and measures, could further limit our net revenue and results.
Decreases in third-party reimbursement for our product candidates or a decision by a third-party payor to not cover our product
candidates could reduce physician usage of our product candidates, once approved, and have a material adverse effect on our sales,
results of operations and financial condition.
Other
Healthcare Laws
Because
of our current and future arrangements with healthcare professionals, principal investigators, consultants, customers and third-party
payors, we will also be subject to healthcare regulation and enforcement by the federal government and the states and foreign
governments in which we will conduct our business, including our clinical research, proposed sales, marketing and educational
programs. Failure to comply with these laws, where applicable, can result in the imposition of significant civil penalties, criminal
penalties, or both. The U.S. laws that may affect our ability to operate, among others, include: the federal Health Insurance
Portability and Accountability Act of 1996, or HIPAA, as amended by the Health Information Technology for Economic and Clinical
Health Act, which governs the conduct of certain electronic healthcare transactions and protects the security and privacy of protected
health information; certain state laws governing the privacy and security of health information in certain circumstances, some
of which are more stringent than HIPAA and many of which differ from each other in significant ways and may not have the same
effect, thus complicating compliance efforts; the federal healthcare programs’ Anti-Kickback Statute, which prohibits, among
other things, persons from knowingly and willfully soliciting, receiving, offering or paying remuneration, directly or indirectly,
in exchange for or to induce either the referral of an individual for, or the purchase, order or recommendation of, any good or
service for which payment may be made under federal healthcare programs such as the Medicare and Medicaid programs; federal false
claims laws which prohibit, among other things, individuals or entities from knowingly presenting, or causing to be presented,
claims for payment from Medicare, Medicaid, or other third-party payors that are false or fraudulent; federal criminal laws that
prohibit executing a scheme to defraud any healthcare benefit program or making false statements relating to healthcare matters;
the Physician Payments Sunshine Act, which requires manufacturers of drugs, devices, biologics, and medical supplies to report
annually to the U.S. Department of Health and Human Services information related to payments and other transfers of value to physicians
(defined to include doctors, dentists, optometrists, podiatrists and chiropractors) and teaching hospitals, and ownership and
investment interests held by physicians and their immediate family members; and state law equivalents of each of the above federal
laws, such as anti-kickback and false claims laws which may apply to items or services reimbursed by any third-party payor, including
commercial insurers.
45
In
addition, many states have similar laws and regulations, such as anti-kickback and false claims laws that may be broader in scope
and may apply regardless of payor, in addition to items and services reimbursed under Medicaid and other state programs. Additionally,
to the extent that our product is sold in a foreign country, we may be subject to similar foreign laws.
The
Impact of New Legislation and Amendments to Existing Laws
The
FDCA is subject to routine legislative amendments with a broad range of downstream effects. In addition to new legislation, such
as the FDA Reauthorization Act of 2017 or the FDASIA in 2012, Congress introduces amendments to reauthorize drug user fees and
address emerging concerns every five years. We cannot predict the impact of these new legislative acts and their implementing
regulations on our business. The programs established or to be established under the legislation may have adverse effects upon
us, including increased regulation of our industry. Compliance with such regulation may increase our costs and limit our ability
to pursue business opportunities. In addition, the FDA’s regulations, policies and guidance are often revised or reinterpreted
by the agency or the courts in ways that may significantly affect our business and our products.
We
expect that additional federal and state, as well as foreign, healthcare reform measures will be adopted in the future, any of
which could result in reduced demand for our products or additional pricing pressure.
Human
Capital Resources
As of March 14, 2022, we had 73 full-time employees, of whom 12 hold M.D.
or Ph.D. degrees. We have 52 employees dedicated to research and development. None of our employees are represented by a collective bargaining
agreement. We believe that the skills, experience and industry knowledge of our key employees significantly benefit our operations and
performance. Our research and development operations are located in Chatham, NJ, San Diego, CA, Dartmouth, MA, Frederick, Maryland, Dublin,
Ireland and Montreal, Canada. We have used, and expect to continue to use, third parties to conduct our nonclinical and clinical studies
as well as part-time employees.
Employee
health and safety in the workplace is one of our core values. The COVID-19 pandemic has underscored for us the importance of keeping
our employees safe and healthy. In response to the pandemic, we have taken actions aligned with the World Health Organization
and the Centers for Disease Control and Prevention in an effort to protect our workforce so they can more safely and effectively
perform their work.
Employee
levels are managed to align with the pace of business and management believes it has sufficient human capital to operate its business
successfully.
Corporate
Information
We
lease the space for our principal executive offices, which are located at 26 Main Street, Suite 101, Chatham, New Jersey 07928,
and our telephone number is (862) 799 8599. Our website addresses are www.tonixpharma.com, www.tonix.com, and www.krele.com. We
do not incorporate the information on our websites into this annual report, and you should not consider such information part
of this annual report.
We
were incorporated on November 16, 2007 under the laws of the State of Nevada as Tamandare Explorations Inc. On October 11, 2011,
we changed our name to Tonix Pharmaceuticals Holding Corp.