−Removed: We are a biotechnology company dedicated to developing treatments for
−Removed: certain medical conditions.
−Removed: Currently, two of our programs are focused on kidney disease, an area we believe we have the potential to
−Removed: offer medical benefit.
−Removed: As we grow the company and build our team, we intend to focus on identifying medical conditions within and outside
−Removed: of kidney disease.
−Removed: Our current development programs are focused on two novel therapies:
−Removed: Oxylanthanum Carbonate, for treatment of hyperphosphatemia
−Removed: in patients with chronic kidney disease on dialysis, and UNI 494, for treatment of acute kidney injury (AKI).
−Removed: Oxylanthanum Carbonate and
−Removed: UNI 494 were initially developed by and licensed to us from Spectrum Pharmaceuticals (“Spectrum”) and Sphaera Pharma, respectively.
−Removed: Spectrum conducted a Phase 1 clinical trial with Oxylanthanum Carbonate in 2012, prior to the grant of our license in 2018.
−Removed: Sphaera conceived
−Removed: and performed initial characterization of various potential pro-drug linkers, including the initial patent application, and performed
−Removed: some initial physiochemical characterization and preliminary animal pharmacokinetic studies.
−Removed: As discussed herein, after completing IND
−Removed: enabling preclinical studies, we have conducted a Phase I clinical study in healthy volunteers with UNI 494 in 2023.
+Added: We are a clinical-stage biotechnology company
+Added: focused on identifying, developing, and commercializing innovative therapies to address significant unmet medical needs, with an initial
+Added: focus on kidney disease.
+Added: Founded in 2016, Unicycive was established to create a streamlined and efficient drug development platform capable
+Added: of accelerating the advancement of promising therapies from discovery to commercialization.
+Added: Currently, our two programs are focused on
+Added: kidney disease, an area we believe we have the potential to offer medical benefit.
+Added: Our initial focus is on developing drugs and getting
+Added: them approved in the U.S., and then to partner with global biopharmaceutical companies in the rest of the world.
+Added: As we grow the company
+Added: and build our team, we intend to focus on identifying medical conditions within and outside of kidney disease.
+Added: Our business model is to
+Added: license technologies and drugs in order to pursue development, regulatory approval, and commercialization of those products in global
+Added: Many biotechnology companies utilize similar strategies of in-licensing and then developing and commercializing drugs.
+Added: however, that our management team’s broad network, expertise in the biopharmaceutical industry, and successful track record gives
+Added: us an advantage in identifying and bringing these assets into our company.
+Added: Our current development programs are focused on
+Added: two novel therapies:
+Added: Oxylanthanum Carbonate, a next-generation phosphate binder for the treatment of hyperphosphatemia in chronic kidney
+Added: disease patients on dialysis, and UNI-494, a novel drug candidate in development for the treatment of acute kidney injury.
+Added: Carbonate and UNI-494 were initially developed by and licensed to us from Spectrum Pharmaceuticals (“Spectrum”) and Sphaera
+Added: Pharma, respectively.
+Added: Spectrum conducted a Phase 1 clinical trial with Oxylanthanum Carbonate in 2012, prior to the grant of our license
+Added: Sphaera conceived and performed initial characterization of various potential pro-drug linkers, including the initial patent
+Added: As discussed herein, after completing IND enabling preclinical studies, we have completed a Phase I clinical study in healthy
+Added: volunteers with UNI-494 in 2024.
Chronic kidney disease (CKD) is the gradual loss of kidney (renal)
function that can get worse over time leading to lasting damage and possibly Stage 5 or end-stage renal disease (ESRD).
−Removed: Our initial focus
−Removed: is on developing drugs and getting them approved in the U.S., and then to partner with global biopharmaceutical companies in the rest
−Removed: of the world.
−Removed: According to the United States Renal Data System (USRDS) 2022 Annual Data Report, 30 million (14%) of adults in the United
−Removed: States are estimated to have CKD and, of these, approximately 13 million patients have advanced CKD (stage 3-5).
−Removed: Approximately 550,000
−Removed: patients (ESRD) are on dialysis and of those, approximately 450,000 patients (~80%) take phosphate binders to control hyperphosphatemia
−Removed: hyperphosphatemia (too much phosphorus in their blood).
−Removed: The number of patients with ESRD in the U.S.
−Removed: is increasing steadily and is projected
−Removed: to reach between 971,000 and 1,259,000 patients in 2030.
−Removed: AKI is a sudden episode of kidney failure or
−Removed: kidney damage (within the first 90 days of injury).
+Added: CKD affects nearly
+Added: 36 million Americans;
+Added: approximately 550,000 of them have end stage renal disease and require dialysis.
+Added: Hyperphosphatemia is common in
+Added: people with CKD and has been directly linked to increased morbidity and mortality for people on dialysis.
+Added: For an estimated 75% of people
+Added: on dialysis, hyperphosphatemia remains uncontrolled due to challenges with the six currently available phosphate binders,
+Added: namely insufficient potency, pill burden and unpalatable formulations.
+Added: To address this significant and growing challenge, Unicycive is
+Added: developing Oxylanthanum Carbonate, which leverages proprietary nanoparticle technology to address the shortcomings of current therapies
+Added: by delivering higher potency that enables fewer and smaller pills — all in a formulation that is more acceptable for patients because
+Added: it is swallowed, not chewed.
+Added: With OLC, if approved, people on dialysis and their physicians may have a better option to control hyperphosphatemia.
+Added: AKI is a sudden episode of kidney failure or kidney
+Added: damage (within the first 90 days of injury).
After 90 days, the patient is considered to have progressed into CKD.
−Removed: more than 2 million U.S.
+Added: AKI affects more than
+Added: 2 million U.S.
patients and costs the healthcare system in excess of $9 billion per year.
−Removed: More than 300,000 patients per year
−Removed: die due to AKI that has many causes.
−Removed: business model is to license technologies and drugs in order to pursue development, regulatory approval, and commercialization of those
−Removed: products in global markets.
−Removed: Many biotechnology companies utilize similar strategies of in-licensing and then developing and commercializing
−Removed: We believe, however, that our management team’s broad network, expertise in the biopharmaceutical industry, and successful
−Removed: track record gives us an advantage in identifying and bringing these assets into our company.
−Removed: proprietary pipeline is comprised of our two product candidates – Oxylanthanum Carbonate and UNI 494 – which are described
−Removed: Figure 1 Unicycive Product Pipeline
−Removed: Carbonate Purchase Agreement
−Removed: September 20, 2018, we entered into an Assignment and Asset Purchase Agreement (the “Spectrum Agreement”) with Spectrum Pharmaceuticals,
−Removed: (“Spectrum”), pursuant to which we purchased certain assets from Spectrum, including Spectrum’s right, title,
−Removed: interest in and intellectual property related to Oxylanthanum Carbonate RZB 012, also known as RENALAN™ (“Renalan”)
−Removed: and RZB 014, also known as SPI 014 (“SPI” and together with Renalan, the “Compounds”).
−Removed: Pursuant to the Spectrum
−Removed: Agreement, in consideration for the Compounds, we issued 313,663 shares of common stock to Spectrum.
−Removed: Additionally,
−Removed: the Spectrum Agreement provides that until the earlier of (i) 36 months from the first date on which our stock trades on a public market,
−Removed: or (ii) the date upon which we attain a public market capitalization of $50,000,000 or greater, we are required to issue additional shares
−Removed: of our common stock as may be needed to ensure Spectrum maintains a 4% ownership of our issued and outstanding common stock on a fully-diluted
−Removed: Fully-diluted shares of common stock for purposes of the Spectrum Agreement assumes conversion of any security convertible into
−Removed: or exchangeable or exercisable for common stock or any combination thereof, including any common stock reserved for issuance under a
−Removed: stock option plan, restricted stock plan, or other equity incentive plan approved by the Board of Directors of the Company immediately
−Removed: following the issuance of additional shares of our common stock (but prior to the issuance of any additional shares of common stock to
−Removed: We are also required to pay Spectrum 40% of all of our sublicense income for any sublicense granted to certain sublicensees
−Removed: during the first 12 months after the Closing Date (as that term is defined in the Spectrum Agreement) and 20% of all other sublicense
−Removed: Our payment obligations to Spectrum will expire on the twentieth (20 th ) anniversary of the Closing Date of the Spectrum
+Added: More than 300,000 patients per year in the U.S.
+Added: die due to AKI.
+Added: Currently there are no FDA approved medicines to treat DGF and/or AKI.
+Added: Treatment options for AKI include continuous renal
+Added: replacement therapy, renal transplant, and dialysis.
+Added: In most cases the damage to the kidney is irreversible, and the patient needs to
+Added: have a renal transplant or be on dialysis for life.
+Added: Therefore, there is a high unmet medical need.
+Added: If approved, UNI-494 has the potential
+Added: to be a first-in-class drug for the treatment of AKI.
+Added: We operate with a sense of urgency to bring new
+Added: treatments to patients faster, leveraging our team’s expertise, operational efficiency, and strategic focus on high-value opportunities
+Added: within the renal space.
+Added: Through this approach, we aim to deliver innovative therapies that provide meaningful clinical and economic benefits
+Added: for patients, providers, and healthcare systems.
+Added: Our proprietary
+Added: pipeline is comprised of our two product candidates – Oxylanthanum Carbonate and UNI-494 – which are described below in Figure
+Added: Unicycive Therapeutics’ Pipeline
+Added: Carbonate (lanthanum dioxycarbonate) is an investigational next-generation lanthanum-based phosphate binding agent being developed
+Added: for the treatment of hyperphosphatemia in CKD patients on dialysis.
+Added: Oxylanthanum Carbonate is a phosphate binder for the treatment of hyperphosphatemia in patients with CKD on dialysis
+Added: and is intended to be administered as a tablet that will be swallowed whole at mealtimes.
+Added: CKD patients typically have co-morbidities,
+Added: which often require them to be on strict pill schedules.
+Added: Current phosphate binder products involve patients needing to take a
+Added: large number of pills daily, some of which are large and/or must be chewed, often resulting in poor adherence to the prescribed drug therapy.
+Added: By virtue of its novel nanoparticle technology,
+Added: OLC leverages the high phosphate binding potency of lanthanum in a palatable dose form that has the potential to substantially reduce
+Added: the pill burden volume for patients.
+Added: In this regard, we believe that the combined effect of smaller pill size, lower number of pills,
+Added: and improved palatability with Oxylanthanum Carbonate will compete favorably with currently available phosphate binders and may lead
+Added: to improved patient compliance/adherence and more effective disease management.
+Added: is seeking the U.S.
+Added: Food and Drug Administration (FDA) approval of OLC via the 505(b)(2) regulatory pathway.
+Added: The Company has submitted
+Added: a New Drug Application (NDA) and has an assigned Prescription Drug User Fee Act (PDUFA) date of June 28, 2025.
Hyperphosphatemia
−Removed: kidney disease (CKD) is the gradual loss of kidney function that can get worse over time leading to lasting damage.
−Removed: The stages of chronic
−Removed: kidney disease are shown below in Table 1.
−Removed: Table 1 Chronic Kidney Disease Stages
−Removed: adapted from The Renal Association (https://renal.org/information-resources/the-uk-eckd-guide/ckd-stages/)
+Added: kidney disease (CKD) is the gradual loss of kidney (renal) function that can get worse over time leading to lasting damage and possibly
+Added: Stage 5 or end-stage renal disease (ESRD).
+Added: The stages of chronic kidney disease are shown below in Figure 2 .
estimated glomerular filtration rate (a measure of kidney function)
−Removed: Complications of CKD include electrolyte imbalances, fluid build-up,
−Removed: anemia, bone disease, and heart disease.
−Removed: Hyperphosphatemia is an electrolyte disorder in which elevated phosphorus levels in the blood
−Removed: lead to cardiovascular complications and vascular calcification (hardening).
−Removed: According to Kidney Disease Improving Global Outcomes (KDIGO)
−Removed: guidelines, hyperphosphatemia is defined as an abnormally high serum phosphorus concentration >4.5 mg/dL.
−Removed: In healthy people, normal
−Removed: serum phosphorus levels are maintained s by absorbing from food and excreting (removing from the body) it in the urine and feces.
−Removed: with CKD, not enough phosphate is excreted, leading to elevated levels of phosphorus in the blood.
−Removed: In CKD, hyperphosphatemia is caused
−Removed: by a chronic dysregulation of serum phosphorus levels as a result of progressive kidney damage.
−Removed: According to a 2009 paper authored by
−Removed: Covic, hyperphosphatemia is associated with increased risk of cardiovascular disease, metabolic bone disease, and deaths from all-causes
−Removed: (all-cause mortality) mortality.
−Removed: According to a study completed by Palmer in 2011, it is estimated that all-cause mortality is increased
−Removed: by 18% for every 1 mg/dL increase in serum phosphorus concentration.
−Removed: Hyperphosphatemia is also a major cause of morbidity in CKD
−Removed: patients, which increases the economic and clinical burden on patients and the health system and results in Medicare expenditures of $70
−Removed: billion in the U.S.
−Removed: According to the 2023 United States Renal Data System (USRDS) Annual
−Removed: Report, it is estimated that 14% of U.S.
−Removed: adults (approximately 31 million people) have CKD.
−Removed: Most patients with Stage 5 CKD (ESRD) either
−Removed: undergo kidney transplants or go on dialysis.
−Removed: The 2023 USRDS annual report indicates that there were 541,326 prevalent dialysis patients
−Removed: in 2021 (the latest reported year).
+Added: https://www.kidney.org/kidney-topics/stages-chronic-kidney-disease-ckd
+Added: Stages of Chronic Kidney Disease
+Added: to the United States Renal Data System (USRDS) 2022 Annual Data Report, 30 million (14%) of adults in the United States are estimated
+Added: to have CKD and, of these, approximately 13 million patients have advanced CKD (stage 3-5).
+Added: Complications of CKD include electrolyte
+Added: imbalances, fluid build-up, anemia, bone disease, and heart disease.
+Added: Most patients with Stage 5 CKD (ESRD) either undergo kidney transplantations
+Added: or go on dialysis.
+Added: The 2023 USRDS annual report indicates that there were 541,326 prevalent dialysis patients in 2021 (the latest reported
+Added: year), and of those, approximately 450,000 patients (~80%) take phosphate binders to control hyperphosphatemia.
The prevalent U.S.
−Removed: dialysis population has grown at an average yearly rate of 3.5% over the past decade.
−Removed: Furthermore, in a paper published by McCullough in 2019, the number of patients in the U.S.
−Removed: with ESRD is increasing steadily and is projected
−Removed: to reach between 971,000 and 1,259,000 in 2030.
−Removed: In 2020-21, the number of prevalent dialysis patients declined due to an increased death
−Removed: rate of dialysis patients as a consequence of COVID-19.
+Added: population has grown at an average yearly rate of 3.5% over the past decade.
+Added: The number of patients with ESRD in the U.S.
+Added: is increasing
+Added: steadily and is projected to reach between 971,000 and 1,259,000 patients in 2030.
+Added: Hyperphosphatemia
+Added: is a bone and mineral metabolism disorder in which elevated phosphorus levels in the blood lead to cardiovascular complications and vascular calcification
+Added: According to Kidney Disease Improving Global Outcomes (KDIGO) guidelines, hyperphosphatemia is defined as an abnormally
+Added: high serum phosphorus concentration >4.5 mg/dL.
+Added: In CKD, hyperphosphatemia is caused by a chronic dysregulation of serum phosphorus
+Added: levels as a result of progressive kidney damage.
+Added: In healthy people, normal serum phosphorus levels are maintained in the body by the
+Added: absorption from food and subsequent excretion from the body via urine and feces.
+Added: In people with CKD, not enough phosphate is excreted,
+Added: leading to elevated levels of phosphorus in the blood.
+Added: to a 2009 paper authored by Covic, hyperphosphatemia is associated with increased risk of cardiovascular disease, metabolic bone disease,
+Added: and deaths from all-causes (all-cause mortality).
+Added: According to a study completed by Palmer in 2011, it is estimated that all-cause mortality
+Added: is increased by 18% for every 1 mg/dL increase in serum phosphorus concentration.
+Added: Hyperphosphatemia is also a major cause of morbidity
+Added: in CKD patients, which increases the economic and clinical burden on patients and the health system and results in Medicare expenditures
+Added: of $70 billion in the U.S.
Treatment of Hyperphosphatemia
−Removed: The treatment goal for patients with hyperphosphatemia is focused on
−Removed: controlling the level of phosphate in the body.
+Added: treatment goal for patients with hyperphosphatemia is focused on controlling the level of phosphate in the body.
+Added: KDIGO guidelines recommend
+Added: three main strategies for managing hyperphosphatemia:
+Added: dietary intake restrictions, use of phosphate binders, and dialysis, as shown in
+Added: Figure 3 below.
KDIGO Guidelines Recommend Three Main Strategies for Managing Hyperphosphatemia
−Removed: intake restrictions, use of phosphate binders, and dialysis, as shown in Figure 2 below.
−Removed: Figure 2 KDIGO Guidelines Recommend Three
−Removed: Main Strategies
−Removed: While KDIGO guidelines do not recommend one phosphate binder over another,
−Removed: they do recommend restricting the dose of calcium-based binders and avoiding long-term us of aluminum-containing binders..
−Removed: that physicians prescribe their medication of choice, usually based on clinical and patient factors.
−Removed: Utilization of calcium-based binders
−Removed: is discouraged by the most recent KDOQI/KDIGO guidelines due to mounting clinical evidence that excess calcium load from calcium-based
−Removed: phosphate binder is associated with hypercalcemia and cardiovascular calcification which has been associated with an increased risk of
−Removed: morbidity (disease) and mortality (death).
+Added: KDIGO guidelines do not recommend one phosphate binder over another, they do recommend restricting the dose of calcium-based binders
+Added: and avoiding long-term use of aluminum-containing binders.
+Added: This means that physicians prescribe their medication of choice, usually
+Added: based on clinical factors and patient preferences.
+Added: Utilization of calcium-based binders is discouraged by the most recent KDOQI/KDIGO
+Added: guidelines due to mounting clinical evidence that excess calcium load from calcium-based phosphate binder is associated with
+Added: hypercalcemia and cardiovascular calcification which has been associated with an increased risk of morbidity (disease) and mortality
to data from the Dialysis Outcomes and Practice Patterns Study (DOPPS) in 2021, 82% of U.S.
2 unchanged sentences
Medical Need in the Management of Hyperphosphatemia
−Removed: The brief descriptions of the mechanism of action and what we believe
−Removed: to be the advantages and disadvantages of various phosphate binders are shown below in Table 2 .
+Added: brief descriptions of the mechanism of action and what we believe to be the advantages and disadvantages of various phosphate binders
+Added: are shown below in Figure 4 .
+Added: Phosphate Binder Mechanisms of Action,
Adapted from Covic and Rastogi, 2013.
−Removed: Despite the commercial availability of the six phosphate binders in
−Removed: the table above, 75% of U.S.
−Removed: dialysis patients fail to achieve the serum phosphorus target levels established by the KDIGO guidelines.
−Removed: Moreover, serum phosphorus outcomes are trending downward—underscoring the need for new and effective treatment options.
−Removed: Figure 3 Serum Phosphorus Target Achievement from 2012 to
+Added: Despite the commercial availability of the six phosphate binders in the table above, 75% of U.S.
+Added: dialysis patients
+Added: fail to achieve the serum phosphorus target levels established by the KDIGO guidelines.
+Added: Moreover, the
+Added: percentage of patients achieving these serum phosphorus guidelines is trending downward — underscoring the need for new and effective
+Added: treatment options ( Figure 5 ).
+Added: The Kidney Disease Outcomes Quality Initiative
+Added: Serum Phosphorus Target Achievement from 2012 to 2021
2005, Unruh, ML published a paper that showed poor adherence to treatment is common in patients with ESRD and has been associated with
15 unchanged sentences
for better medication compliance.
+Added: virtue of its novel nanoparticle technology, OLC leverages the high phosphate binding potency of lanthanum in a palatable dose form that
+Added: has the potential to substantially reduce the pill burden volume for patients.
+Added: In this regard, we believe that the combined effect of
+Added: smaller pill size, lower number of pills, and improved palatability with Oxylanthanum Carbonate compared with currently available phosphate
+Added: binders may lead to improved patient compliance/adherence and more effective disease management.
of Oxylanthanum Carbonate
−Removed: Carbonate (lanthanum dioxycarbonate) is an investigational phosphate binding agent utilizing proprietary nanoparticle technology for
−Removed: the treatment of hyperphosphatemia in CKD patients on dialysis.
Carbonate Mechanism of Action
−Removed: Oxylanthanum Carbonate binds to phosphates and forms an insoluble lanthanum
−Removed: phosphate complex which is then excreted via the feces.
−Removed: This results in reduced absorption of phosphate leading to a reduction of serum
−Removed: phosphorus levels.
−Removed: In rat studies, Oxylanthanum Carbonate exhibited comparable reduction
−Removed: in the urine phosphorus excretion following administration of a lower dose of drug product (0.40g) vs a higher dose (0.57g) of Fosrenol®
−Removed: (lanthanum carbonate tetrahydrate) which is a currently approved lanthanum-based phosphate binder.
−Removed: While differing in the mass of drug
−Removed: product, each dose contained comparable amounts of the active moiety (elemental lanthanum).
−Removed: In the same study, at equivalent doses, Oxylanthanum
−Removed: Carbonate was superior to Sevelamer (the most commonly used phosphate binder) in reducing urine phosphorus excretion (see Fig 3).
−Removed: Figure 4 Urine Phosphate Levels in Rats Following Comparable
−Removed: Dosing of Oxylanthanum Carbonate, Fosrenol, or Sevelamer
−Removed: In animal toxicology studies with oxylanthanum carbonate no unexpected
−Removed: toxicity was found and systemic absorption of lanthanum was extremely low, which is consistent with similar studies conducted with Fosrenol.
−Removed: The chemical design of Oxylanthanum Carbonate was designed to allow
−Removed: for a smaller tablet size and require fewer pills compared with currently available phosphate binder alternatives, specifically with a
−Removed: dosing regimen of only one tablet per meal.
−Removed: The Oxylanthanum Carbonate tablet is designed to disintegrate rapidly in the stomach after
−Removed: swallowing and does not need to be chewed.
+Added: Carbonate binds to phosphates and forms an insoluble lanthanum phosphate complex which is then excreted via the feces.
+Added: This results in
+Added: reduced absorption of phosphate leading to a reduction of serum phosphorus levels.
+Added: rat studies, Oxylanthanum Carbonate exhibited comparable reduction in the urine phosphorus excretion following administration of a lower
+Added: dose of drug product (0.40g) vs a higher dose (0.57g) of Fosrenol® (lanthanum carbonate tetrahydrate) which is a currently approved
+Added: lanthanum-based phosphate binder.
+Added: While differing in the mass of drug product, each dose contained comparable amounts of the active moiety
+Added: (elemental lanthanum).
+Added: In the same study, at equivalent doses, Oxylanthanum Carbonate was superior to Sevelamer (the most commonly used
+Added: phosphate binder) in reducing urine phosphorus excretion (see Figure 6 below).
+Added: Urine Phosphate Levels in Rats Following Comparable Dosing of Oxylanthanum Carbonate, Fosrenol, or Sevelamer
+Added: animal toxicology studies with Oxylanthanum Carbonate no unexpected toxicity was found and systemic absorption of lanthanum was extremely
+Added: low, which is consistent with similar studies conducted with Fosrenol.
+Added: chemical structure of Oxylanthanum Carbonate was designed to allow for a smaller tablet size and require fewer pills compared with currently
+Added: available phosphate binder alternatives, specifically with a dosing regimen of only one tablet per meal.
+Added: The Oxylanthanum Carbonate tablet
+Added: is designed to disintegrate rapidly in the stomach after swallowing and does not need to be chewed.
Trial Experience
−Removed: First-in-Human Phase 1 Study
+Added: is seeking FDA approval of OLC via the 505(b)(2) regulatory pathway.
+Added: The NDA submission package is based on data from three clinical
+Added: a first in human Phase I study in healthy volunteers, a Bioequivalence (BE) study in healthy volunteers, and a pivotal Phase
+Added: 2 tolerability study of OLC in CKD patients on dialysis, as well as multiple preclinical studies, and the chemistry, manufacturing and
+Added: controls (CMC) data.
+Added: Phase 2 Study
+Added: conducted a Phase 2, open-label, single-arm, multicenter trial in adult patients receiving maintenance hemodialysis with hyperphosphatemia.
+Added: The primary objective was to evaluate the tolerability of OLC at clinically effective doses with a goal serum phosphate concentration
+Added: (sP) ≤5.5 mg/dL.
+Added: The trial included washout, titration, and maintenance periods.
+Added: Eligible patients had sP ≥4.0 and ≤7.5 mg/dL
+Added: for at least 8 weeks prior to screening while receiving thrice weekly hemodialysis and a stable phosphate binder regimen.
+Added: Patients started
+Added: titration when sP was >5.5 mg/dL and entered maintenance once sP was ≤5.5 mg/dL.
+Added: The starting dose of OLC during titration was
+Added: 1500 mg/day (500 mg thrice daily).
+Added: the study, 106 patients were enrolled, of which 86 patients entered titration and were followed as the Safety Population.
+Added: 78 entered the maintenance period.
+Added: Of the 78 patients that entered maintenance, 7 patients did not have phosphate control, leaving an
+Added: Evaluable Population of 71 patients, exceeding the planned enrollment number of 60.
+Added: Of the 86 patients, the trial enrolled 47 males and
+Added: 39 females with a mean age of 62.
+Added: Renvela® was the most prescribed phosphate binder for patients entering the study.
+Added: Endpoint - Tolerability:
+Added: T he objective of the OLC-201 trial was to evaluate the tolerability of clinically effective doses of OLC
+Added: in CKD patients on dialysis.
+Added: A clinically effective dose was established when a patient achieved a serum phosphate level ≤5.5 mg/dL.
+Added: Tolerability was assessed based on the incidence of treatment-related AEs leading to discontinuation from the study in the maintenance
+Added: In the OLC-201 trial, there was only 1 discontinuation due to a treatment-related AE in the Evaluable Population, a rate of 1.4%.
+Added: In the Safety Population of 86 patients there were only 3 treatment-related discontinuations, a rate of 3.5%.
+Added: In total, 5 patients discontinued
+Added: due to AEs in the Safety Population, 3 were related to OLC and 2 were deemed unrelated to OLC.
+Added: Endpoint - Safety:
+Added: The secondary endpoint assessing safety was reported as the treatment-related AEs occurring in ≥5% of patients.
+Added: The safety analysis covered all 86 patients in the Safety Population.
+Added: Consistent with the AEs observed with other phosphate binders,
+Added: the AEs were gastrointestinal related with diarrhea and vomiting being the most common at 9% and 6% respectively.
+Added: There were no treatment-related
+Added: serious adverse events (SAEs).
+Added: Six patients experienced SAEs but those were deemed not related to OLC treatment.
+Added: Most treatment-related
+Added: AEs were mild to moderate in severity with only 2 AEs reported as severe.
+Added: OLC Pivotal Phase 2 Trial Treatment-Related Adverse Events
+Added: Phosphate Control:
+Added: While the UNI-OLC-201 study was not designed to evaluate efficacy, the trial enrolled patients on stable doses
+Added: of approved hyperphosphatemia medications.
+Added: At baseline 59% of patients had phosphate levels ≤5.5 mg/dL, the level recommended by KDOQI
+Added: After washout from the prior phosphate binders, 90% of patients were able to achieve phosphate levels ≤5.5ng/dL at the
+Added: end of titration with OLC.
+Added: This includes the last serum phosphate levels from all patients including those that discontinued during titration:
+Added: 77/86 (90%) ( Figure 8 ).
+Added: In addition, 69% of the 71 Evaluable Patients achieved a target serum phosphate level of ≤5.5 mg/dL
+Added: at OLC doses of 1500 mg/day or lower.
+Added: 90% Of Patients Were Able to Achieve Phosphate Levels ≤5.5ng/dL with OLC.
+Added: 69% of the 71 Evaluable Patients Achieved a Target Serum Phosphate Level of ≤5.5 mg/dL at OLC Doses of 1500 mg/Day or Lower
+Added: First-in-Human
+Added: Phase 1 Study
September 2012 a Phase 1 single-center clinical trial evaluating Oxylanthanum Carbonate in 32 healthy volunteers was completed in the
14 unchanged sentences
(p=0.3676) but was significant at 3000 (p=0.0004), 4500 (p<0.0001), and 6000 (p=0.0001) mg/day, as shown in the figure below.
−Removed: The mean reduction in urine phosphorus excretion was significant (p<0.001)
−Removed: at all four doses of Oxylanthanum Carbonate ( Figure 4 ).
−Removed: Figure 5 Daily Urine Phosphate Reduction in Healthy
+Added: mean reduction in urine phosphorus excretion was significant (p<0.001) at all four doses of Oxylanthanum Carbonate ( Figure 10 ).
+Added: Daily Urine Phosphate Reduction in Healthy Volunteers
Carbonate Bioequivalence Study in Healthy Volunteers
−Removed: We conducted a randomized, open label, two-way crossover bioequivalence
−Removed: BE study to establish the bioequivalence of the phosphate binding capacity of Oxylanthanum Carbonate and Fosrenol.
−Removed: The primary objective
−Removed: of the study was to demonstrate PD equivalence of orally administered Oxylanthanum Carbonate 1000 mg three-times daily (TID) to orally
−Removed: administered Fosrenol 1000 mg TID in healthy subjects, and the secondary objective was to compare the safety and tolerability of UNI-014
−Removed: versus Fosrenol in healthy subjects.
−Removed: The study design, including the dose, primary endpoint and the sample size was reviewed by the Agency
−Removed: prior to the initiation of the study.
−Removed: The primary outcome measure was least squares (LS) mean change in urinary phosphorous excretion
−Removed: (in mg/day) from baseline to the evaluation period.
−Removed: The evaluation period was defined as the approximately 72-hour urine collection period
−Removed: starting on Day 1 and ending on Day 4.
−Removed: Baseline was defined as the approximately 48-hour urine collection period starting on Day -2 and
−Removed: ending on Day 1.
−Removed: PD equivalence was to be claimed if the 90% confidence interval (CI) of the primary PD variable for Oxylanthanum Carbonate
−Removed: was completely contained within the reference interval, which was defined as ±20% of the LS mean of the primary PD variable for
−Removed: lanthanum carbonate.
−Removed: The LS mean change from Baseline for Oxylanthanum Carbonate (-320.4 mg/day) was similar to the LS mean change from
−Removed: Baseline for Fosrenol (-324.0 mg/day).
−Removed: The 90% CI for the LS mean was (-45.88, 53.16), which is well within the acceptance range
−Removed: of (-64.80, 64,80) ( Table 3 ).
−Removed: It was concluded that UNI-014 was bioequivalent to Fosrenol.
−Removed: Primary outcome data is presented in
−Removed: the table below.
+Added: conducted a randomized, open label, two-way crossover bioequivalence BE study to establish the bioequivalence of the phosphate binding
+Added: capacity of Oxylanthanum Carbonate and Fosrenol.
+Added: The primary objective of the study was to demonstrate PD equivalence of orally administered
+Added: Oxylanthanum Carbonate 1000 mg three-times daily (TID) to orally administered Fosrenol 1000 mg TID in healthy subjects, and the secondary
+Added: objective was to compare the safety and tolerability of Oxylanthanum Carbonate versus Fosrenol in healthy subjects.
+Added: The study design,
+Added: including the dose, primary endpoint and the sample size was reviewed by the Agency prior to the initiation of the study.
+Added: outcome measure was least squares (LS) mean change in urinary phosphorous excretion (in mg/day) from baseline to the evaluation period.
+Added: The evaluation period was defined as the approximately 72-hour urine collection period starting on Day 1 and ending on Day 4.
+Added: was defined as the approximately 48-hour urine collection period starting on Day -2 and ending on Day 1.
+Added: PD equivalence was to be claimed
+Added: if the 90% confidence interval (CI) of the primary PD variable for Oxylanthanum Carbonate was completely contained within the reference
+Added: interval, which was defined as ±20% of the LS mean of the primary PD variable for lanthanum carbonate.
+Added: The LS mean change from
+Added: Baseline for Oxylanthanum Carbonate (-320.4 mg/day) was similar to the LS mean change from Baseline for Fosrenol (-324.0 mg/day).
+Added: The 90% CI for the LS mean was (-37.83, 45.12), which is well within the acceptance range of (-64.80, 64,80).
+Added: It was concluded that Oxylanthanum
+Added: Carbonate was bioequivalent to Fosrenol.
+Added: Primary outcome data is presented in the table below ( Figure 11 ).
Summary of Mean Change in Urinary Phosphorus Excretion (mg/day)
−Removed: Phosphorus Excretion
−Removed: Evaluation Period
−Removed: Change from Baseline
−Removed: LS Mean Change
−Removed: 90% Confidence Interval for the LS mean (Test-Reference)
−Removed: (-45.88, 53.16)
−Removed: Acceptance Range
−Removed: (-64.80, 64.799)
−Removed: Unicycive is seeking approval for Oxylanthanum
−Removed: Carbonate from the U.S.
+Added: is seeking approval for Oxylanthanum Carbonate from the U.S.
Food and Drug Administration (FDA) through the 505(b)(2) regulatory pathway.
−Removed: The 505(b)(2) pathway allows for
−Removed: full approval of a drug using data from an approved drug with the same active moiety.
−Removed: The approved drug is called the Reference Listed
+Added: The 505(b)(2) pathway allows for full approval of a drug using data from an approved drug with the same active moiety.
+Added: The approved drug
+Added: is called the Reference Listed Drug (RLD).
The RLD for the Oxylanthanum Carbonate submission is Fosrenol (lanthanum carbonate).
−Removed: The FDA recommended conducting a BE study
−Removed: in healthy volunteers and a 6-month toxicity study in mice with both Oxylanthanum Carbonate and Fosrenol to be able to rely on the efficacy
−Removed: and safety of Fosrenol.
−Removed: We completed both studies and submitted the data for the FDA’s review during the pre-NDA (New Drug Application)
−Removed: meeting request.
−Removed: A summary of the human BE study is provided above.
−Removed: After reviewing the data, the Agency recommend that we conduct a tolerability
+Added: recommended conducting a BE study in healthy volunteers and a 6-month toxicity study in mice with both Oxylanthanum Carbonate and Fosrenol
+Added: to be able to rely on the efficacy and safety of Fosrenol.
+Added: We completed both studies and submitted the data for the FDA’s review
+Added: during the pre-NDA (New Drug Application) meeting request.
+Added: After reviewing the data, the Agency recommended that we conduct a tolerability
study of Oxylanthanum Carbonate in chronic kidney disease patients on dialysis before filing the NDA.
1 unchanged sentence
on the study design, sample size, and endpoints of the proposed pivotal clinical study during a Type-C meeting in September 2023.
−Removed: study was initiated in December 2023 and the topline data is expected at the end of Q2, 2024.
−Removed: We plan to submit the NDA soon after the
−Removed: completion of the clinical study.
+Added: study was initiated in December 2023 and reported positive results in June 2024.
+Added: Unicycive announced the OLC NDA submission in September
+Added: 2024 and received a PDUFA date of June 28, 2025.
+Added: In March 2025, FDA conducted a general surveillance inspection
+Added: of Shilpa Medicare Ltd, where the company received one procedural observation in form 483.
+Added: Commercial Opportunity for Oxylanthanum Carbonate
+Added: Oxylanthanum Carbonate is a phosphate binder for the treatment of hyperphosphatemia in patients with CKD on dialysis
+Added: and is intended to be administered as a tablet that will be swallowed whole at mealtimes.
+Added: CKD patients typically have co-morbidities,
+Added: which often require them to be on strict pill schedules.
+Added: Current phosphate binder products such as Renvela ® ,
+Added: Calcium Acetate, Auryxia ® , Velphoro ® , and Fosrenol ® involve patients needing to take large
+Added: numbers and/or large sized pills each day which in some cases must be chewed and which often results in poor adherence to the prescribed
+Added: drug therapy ( Figure 12 ).
+Added: By virtue of its novel nanoparticle technology, Oxylanthanum Carbonate leverages the high phosphate binding
+Added: potency of lanthanum in a palatable dose form that has the potential to substantially reduce the pill burden volume for patients.
+Added: regard, we believe that the combined effect of smaller pill size, lower number of pills, and improved palatability with Oxylanthanum Carbonate
+Added: compared with currently available phosphate binders may lead to improved patient compliance/adherence and more effective disease management.
+Added: Recommended Daily Starting Dose for Phosphate Binders
+Added: A New Hyperphosphatemia Market Player
+Added: Tenapanor is a new oral treatment for hyperphosphatemia that utilizes a novel mechanism of action that inhibits
+Added: paracellular transport of phosphorus into the bloodstream.We believe that due to its novel mechanism of action, Xphozah represents an
+Added: important new addition to the nephrologist’s hyperphosphatemia treatment armamentarium.
+Added: One of the key features of Xphozah’s
+Added: value proposition as an add-on therapy is its low pill burden.
+Added: Given its substantially lower pill burden than other phosphate lowering
+Added: therapy options, we believe that OLC may be the most logical phosphate binder to combine with tenapanor making these two new medicines
+Added: complimentary rather than competitive as the combination would leverage two distinct mechanisms of action to control phosphorus with a
+Added: much lower total pill burden than the current standard of care.
+Added: Strategy for Oxylanthanum Carbonate
+Added: The worldwide market for hyperphosphatemia agents is estimated at ~$2.5 billion and is growing at a 5.3% CAGR
+Added: (Fortune Business Insights, Hyperphosphatemia Treatment Market,
+Added: According to a study conducted by Syneos Health for the Company, the U.S.
+Added: market makes up over $1 billion of that total.
+Added: We own commercial rights to Oxylanthanum Carbonate globally and in some territories have licensed out commercial rights.
+Added: market, we are preparing to launch Oxylanthanum Carbonate on our own by building out a specialty commercial operation to address the highly
+Added: concentrated nephrology prescription market.
+Added: Executive management of the company has considerable product launch experience in the nephrology
+Added: space with specific working knowledge of the hyperphosphatemia market.
+Added: While there are ~10,000 prescribers of phosphate binders, ~2,500
+Added: prescribers are responsible for over half of the ~2.5 million prescriptions written annually.
+Added: We believe that we can efficiently create
+Added: demand for Oxylanthanum Carbonate within the most productive segments of the market with a relatively small salesforce, while addressing
+Added: the broader segments of prescribers through non-personal and digital promotion tactics.
+Added: alternative or complementary commercial strategy would be to out-license and/or co-promote Oxylanthanum Carbonate with and
+Added: established biopharmaceutical company that has an existing commercial infrastructure in the renal disease space and/or enter into
+Added: distribution agreement(s) with dialysis organizations for the commercialization of Oxylanthanum Carbonate.
+Added: Access and Reimbursement Environment
+Added: Historically, under the End-Stage Renal Disease
+Added: (ESRD) Prospective Payment System (PPS), referred to commonly as “the bundle”, dialysis-related drugs have been included
+Added: in the bundled payment system, with certain exceptions.
+Added: Oral-only drugs, including phosphate lowering therapies (PLTs) like OLC, had
+Added: been exempted from inclusion in the ESRD PPS until January 1, 2025.
+Added: Beginning in 2025, the Centers for Medicare & Medicaid Services
+Added: (CMS) has included these oral-only renal dialysis drugs into the PPS.
+Added: Because PLT payments were not previously included in the bundle,
+Added: CMS has added these drugs through the Transitional Drug Add-on Payment Adjustment (TDAPA).
+Added: The TDAPA is designed to provide separate
+Added: reimbursement for eligible new dialysis drugs for a period of two or more years, based on the drug’s Average Sales Price (ASP).
+Added: This adjustment is paid as an add-on to the base PPS rate for each dialysis treatment to facilitate the adoption of innovative therapies
+Added: in the dialysis space.
+Added: Upon FDA approval, we believe our product, OLC,
+Added: will be included in the ESRD PPS bundle and be eligible for TDAPA.
+Added: We will be required to submit a TDAPA application for OLC, a process
+Added: that has historically taken from 3-6 months from time of submission to approval.
+Added: If TDAPA designation is granted, OLC will become eligible
+Added: for separate TDAPA payment based on its average sales price (ASP), subject to quarterly updates by CMS.
+Added: The payment rate will be at 100%
+Added: of OLC’s ASP for 2 years and at 65% of ASP for an additional 3 years under the post-TDAPA extension.
+Added: After the end of the TDAPA
+Added: period for OLC, no further separate payments will be made and dialysis organizations will absorb the cost of OLC into the established
+Added: ESRD PPS bundled payment.
+Added: We believe that the timing of these reimbursement
+Added: changes coincides favorably with our anticipated launch timing of OLC and may provide for a more rapid launch uptake and for additional
+Added: market access and pricing advantages.
+Added: A key factor affecting initial launch uptake of OLC is the expanded access to our product to Medicare
+Added: beneficiaries which make up over two-thirds of patients on dialysis.
+Added: Under prior Part D reimbursement, Medicare patients often faced prior
+Added: authorization and high co-pays for branded drugs which tended to restrict access to these drugs.
+Added: In the new bundled reimbursement environment
+Added: with TDAPA, Medicare patients no longer face Part D program restrictions and are expected to enjoy greater access to phosphate lowering
+Added: We also see a pricing benefit to OLC under TDAPA.
+Added: In the past reimbursement environment, manufacturers often paid significant rebates to Part D plans for formulary access.
+Added: Current branded
+Added: PLTs have diluted their ASP as a result of these rebate agreements and under the Inflation Reduction Act (IRA) are limited in their ability
+Added: to raise prices above the rate of inflation.
+Added: Due to the expected launch timing of OLC, we expect to enjoy a net price advantage over
+Added: other branded competitors in the market.
+Added: Most dialysis clinics operate within dialysis
+Added: organization networks, the largest of which are Fresenius, DaVita, and U.S.
+Added: Renal Care, which together account for over 85% of US dialysis
+Added: Treatment within these dialysis organizations is usually driven by medical protocols that dialysis organizations (DOs) implement
+Added: across their entire network of clinics.
+Added: Upon approval of OLC, we intend to enter into mutually beneficial commercial supply contracts
+Added: with DOs to ensure access to OLC for appropriate patients by gaining favorable placement on treatment protocols and formularies.
+Added: There is no guarantee that CMS will ultimately designate OLC as eligible
+Added: for TDAPA, and should such eligibility be denied, it could substantially impact the commercialization and revenue potential of OLC.
+Added: if TDAPA is granted, downward pricing pressure in the post-TDAPA period could materially reduce our revenue from the drug and adversely
+Added: affect our profitability, financial results, and future prospects.
+Added: Transitional Drug Add-on Payment Adjustment
+Added: The Transitional Drug Add-on Payment Adjustment
+Added: (TDAPA) is part of the End-Stage Renal Disease (ESRD) Prospective Payment System (PPS), providing additional payments for certain new
+Added: renal dialysis drugs and biological products.
+Added: Implemented by the Centers for Medicare & Medicaid Services (CMS), TDAPA helps integrate
+Added: innovative treatments into ESRD care by offering financial support to dialysis facilities during the adoption phase.
+Added: This support enables
+Added: facilities to utilize new treatments that may otherwise face adoption barriers, such as high initial costs and the need for adjustments
+Added: to new therapies.
+Added: The program also helps bridge the gap between product launch and integration into the ESRD PPS, fostering the introduction
+Added: of novel treatments and innovation in ESRD care.
+Added: for the TDAPA under the ESRD PPS must be submitted through the electronic application intake system, Medicare Electronic Application
+Added: Request Information SystemTM (MEARIS).
+Added: Under CMS regulations (42 C.F.R.
+Added: § 413.234(a)), to be eligible for a TDAPA, the product must
+Added: be a “new renal dialysis drug or biological product,” meaning it:
+Added: an injectable, intravenous, oral or other form or route of administration drug or biological
+Added: product that is used to treat or manage a condition(s) associated with ESRD.
+Added: approved by the Food and Drug Administration (FDA) on or after January 1, 2020, under section
+Added: 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service
+Added: commercially available.
+Added: an HCPCS application submitted in accordance with the official Level II HCPCS coding procedures.
+Added: been designated by CMS as a renal dialysis service under § 413.171.
+Added: codes (Healthcare Common Procedure Coding System) are a set of standardized codes used to identify medical procedures, services, supplies,
+Added: and equipment for billing and documentation purposes in healthcare settings.
+Added: HCPCS codes are primarily used by healthcare providers,
+Added: Medicare, Medicaid, and private insurers for billing, claims processing, and reimbursement.
+Added: These codes ensure that healthcare providers
+Added: are reimbursed accurately and consistently for services and products provided to patients.
+Added: company typically applies for a HCPCS (Healthcare Common Procedure Coding System) code when they introduce a new product, service, or
+Added: procedure that needs to be standardized for billing and reimbursement purposes.
+Added: The review cycle for HCPCS codes generally occurs quarterly,
+Added: with specific deadlines for submission.
+Added: applicants are required to provide a Healthcare Common Procedure Coding System (HCPCS) Application Confirmation Number when applying
+Added: for the TDAPA, the TDAPA application should be submitted after the application for a HCPCS code.
+Added: The TDAPA and HCPCS application submissions
+Added: will be reviewed simultaneously on a quarterly basis, by following the CMS Level II HCPCS application deadlines for drugs and biological
+Added: The TDAPA submissions received after the Level II HCPCS quarterly submission deadline will be reviewed in the following quarter.
+Added: aims for an effective date for applying the TDAPA for a particular product that is one quarter after the effective date of the HCPCS
+Added: code for the product, or approximately 6 months after the quarterly submission deadline, however, a longer evaluation period may be necessary
+Added: due to a number of factors.
+Added: Payment Process
+Added: is based on 100 percent of average sales price (ASP).
+Added: If ASP is not available, then the TDAPA is based on 100 percent of wholesale acquisition
+Added: If WAC is unavailable, then the payment is based on the drug manufacturer’s invoice.
+Added: TDAPA is paid for 2 years.
+Added: The TDAPA payment period begins on the effective date of the CMS Change Request (CR).
+Added: During the time a new
+Added: renal dialysis drug or biological product is eligible for the TDAPA, it is not an eligible ESRD outlier service as defined under 42 C.F.R.
+Added: § 413.237(a)(1) and therefore is ineligible for outlier payment.
+Added: Add-On Payment Adjustment
+Added: of the TDAPA payment period, the new renal dialysis drug or biological product is paid the post-TDAPA add-on payment adjustment and no
+Added: changes to the base rate are made.
+Added: New drugs or biological products are eligible for the post-TDAPA add-on adjustment for 3 years.
+Added: calculates the adjustment annually based on the most recent 12 months of claims data.
+Added: For products without a full year of data, the adjustment
+Added: amount will be published in a Change Request (CR) once 12 months of data are available (89 FR 89135–98136).
+Added: The adjustment is based
+Added: on the total expenditure for the drug divided by total ESRD PPS expenditures, reduced by a case-mix standardization factor and a 65%
+Added: risk-sharing factor, then inflated by the market basket price proxy for pharmaceuticals.
+Added: All Part B drug manufacturers report Average
+Added: Sales Price (ASP) data for relevant products on the ASP Reporting website.
+Added: If CMS doesn’t receive the latest ASP data, the adjustment
+Added: won’t be applied for the drug in the upcoming or future years.
+Added: The adjustment may vary quarterly, depending on the number of drugs
+Added: and biological products included in the calculation.
+Added: The adjustment paid on a claim is adjusted by patient-level case-mix factors.
+Added: TDAPA Approvals:
+Added: 2024, CMS approved a TDAPA application for Akebia’s VAFSEO® (vadadustat) under the ESRD PPS.
+Added: The TDAPA payment period is January
+Added: 1, 2025, through December 31, 2026.
+Added: January 1, 2025, the following oral-only phosphate binders are approved for the TDAPA under the ESRD PPS:
+Added: sevelamer carbonate, sevelamer
+Added: hydrochloride, sucroferric oxyhydroxide, lanthanum carbonate, ferric citrate, and calcium acetate.
+Added: Phosphate binders are not considered
+Added: included in the ESRD PPS base rate, and they will be paid for using the TDAPA under the ESRD PPS for at least 2 years.
+Added: At the end of
+Added: the TDAPA payment period, CMS will go through rulemaking to modify the base rate, if appropriate, to account for these drugs in the ESRD
+Added: PPS bundled payment.
+Added: Implementation instructions are included in the TDAPA Administrative Issuances section above.
+Added: TDAPA Approvals:
+Added: CorMedix’s DEFENCATH® (taurolidine and heparin) approved for TDAPA from July
+Added: 1, 2024, to June 30, 2026.
+Added: GlaxoSmithKline’s Jesduvroq™ (daprodustat) approved for TDAPA from October
+Added: 1, 2023, to September 30, 2025.
+Added: Vifor Pharma and Cara Therapeutics’ Korsuva™ (difelikefalin) approved for
+Added: TDAPA, with payment from April 1, 2022, to March 31, 2024.
+Added: Oral cinacalcet and injectable etelcalcetide were the first drugs approved for TDAPA under
+Added: the ESRD PPS, with payment from January 1, 2018, to December 31, 2020.
Manufacturing
4 unchanged sentences
commercial sale quantities and serve patient needs.
−Removed: regards to manufacturing, testing and potential commercial supply of Oxylanthanum Carbonate, we have entered into an agreement with Shilpa
−Removed: Medicare Ltd based in India.
−Removed: According to the terms of the agreement, following Oxylanthanum Carbonate approval by the FDA, Unicycive
−Removed: will pay the vendor $2 million in the first calendar year when the net revenue reaches $10 million from sales of Oxylanthanum Carbonate
−Removed: and commercial supply of the product by the vendor (First Payment).
−Removed: Thereafter, we will pay $2 million per year for four consecutive
−Removed: years, after the first year’s payment, for the total payments of $10 million, provided all commercial supplies are continued to
−Removed: be manufactured and supplied by the vendor.
−Removed: Unicycive is not obligated to make any payments to the vendor until FDA approval of the product
−Removed: is obtained and commercial revenue is generated.
−Removed: Strategy for Oxylanthanum Carbonate
−Removed: worldwide market for hyperphosphatemia agents is estimated at ~$2.5 billion and is growing at a 5.3% CAGR (Fortune Business Insights,
−Removed: Hyperphosphatemia Treatment Market, 2021-2028 ).
−Removed: According to a study conducted by Syneos Health for the Company, the U.S.
−Removed: makes up over $1 billion of that total.
−Removed: We own commercial rights to Oxylanthanum Carbonate globally.
−Removed: market, we are preparing
−Removed: to launch Oxylanthanum Carbonate on our own by building out a specialty commercial operation to address the highly concentrated nephrology
−Removed: prescription market.
−Removed: Executive management of the company has considerable product launch experience in the nephrology space with specific
−Removed: working knowledge of the hyperphosphatemia market.
−Removed: While there are ~10,000 prescribers of phosphate binders, ~2,500 prescribers are responsible
−Removed: for over half of the ~2.5 million prescriptions written annually.
−Removed: We believe that we can efficiently create demand for Oxylanthanum Carbonate
−Removed: within the most productive segments of the market with a relatively small salesforce, while addressing the broader segments of prescribers
−Removed: through non-personal and digital promotion tactics.
−Removed: alternative commercial strategy would be to out-license and/or co-promote Oxylanthanum Carbonate with and established biopharmaceutical
−Removed: company that has an existing commercial infrastructure in the renal disease space and/or enter into distribution agreement(s) with dialysis
−Removed: organizations for the commercialization of Oxylanthanum Carbonate.
+Added: With regards to manufacturing, testing and potential
+Added: commercial supply of oxylanthanum carbonate, on October 31, 2020, the Company entered into an agreement with Shilpa Medicare Ltd (“Shilpa”)
+Added: based in India.
+Added: Pursuant to the Agreement, Shilpa provides certain development, manufacturing, supply and other CMC-related services related
+Added: to the development and commercialization of oxylanthanum carbonate (“OLC”).
+Added: In June 2024, we entered into the First Amendment
+Added: to Manufacturing and Supply Agreement with Shilpa (the “Amendment”) in anticipation of an increased manufacturing demand for
+Added: Pursuant to the Amendment, we agreed to make a binding purchase order for tablets of OLC and Shilpa has agreed to deliver such order
+Added: by September 30, 2025.
+Added: In addition, we agreed to order additional tablets for delivery between December 31, 2025, and September 30, 2026.
+Added: Further, we agreed to make certain milestone payments and to provide certain funding to Shilpa for a new manufacturing line.
+Added: term of the Agreement shall continue until the eighth (8th) anniversary of the date of receipt by us of FDA approval of our NDA of OLC
+Added: (the “Initial Term”).
+Added: Following the Initial Term, the Agreement shall continue in effect for consecutive periods of four (4)
+Added: years each unless earlier terminated pursuant to the terms of the Agreement.
Collaboration
9 unchanged sentences
tiered royalties upon achievement of prespecified regulatory and commercial achievements.
−Removed: In February of 2023, we entered into an exclusive license agreement
−Removed: with Lotus Pharmaceutical for the development and commercialization of Oxylanthanum Carbonate in the Republic of Korea.
−Removed: Under the terms
−Removed: of the agreement, Lotus will be responsible for development, registration filing and approval of Oxylanthanum Carbonate in the Republic
−Removed: In addition, Lotus will have sole responsibility for the importation of the drug product from Unicycive and for the costs of
−Removed: commercialization of Oxylanthanum Carbonate in the Republic of Korea.
−Removed: We received an upfront payment of $750,000 and may receive up to
−Removed: $3.7 million in milestone payments and tiered royalties upon achievement of prespecified regulatory and commercial achievements.
+Added: February of 2023, we entered into an exclusive license agreement with Lotus Pharmaceutical for the development and commercialization
+Added: of Oxylanthanum Carbonate in the Republic of Korea.
+Added: Under the terms of the agreement, Lotus will be responsible for development, registration
+Added: filing and approval of Oxylanthanum Carbonate in the Republic of Korea.
+Added: In addition, Lotus will have sole responsibility for the importation
+Added: of the drug product from Unicycive and for the costs of commercialization of Oxylanthanum Carbonate in the Republic of Korea.
+Added: an upfront payment of $750,000 and may receive up to $3.7 million in milestone payments and tiered royalties upon achievement of prespecified
+Added: regulatory and commercial achievements.
will continue to seek licensing partners for Oxylanthanum Carbonate in other territories outside the U.S.
1 unchanged sentence
South America, and the Middle East.)
−Removed: opportunity for Oxylanthanum Carbonate
−Removed: Carbonate is a phosphate binder for the treatment of hyperphosphatemia in patients with CKD on dialysis and is intended to be administered
−Removed: as a tablet that will be swallowed whole at mealtimes.
−Removed: CKD patients typically have co-morbidities, which often require them to be on
−Removed: strict pill schedules.
−Removed: Current phosphate binder products such as Renvela ® , Calcium Acetate, Auryxia ® , Velphoro ® ,
−Removed: and Fosrenol ® involve patients needing to take large numbers and/or large sized, chewable pills each day, which often
−Removed: results in poor adherence to the prescribed drug therapy (Figure 4 below).
−Removed: By virtue of its novel nanoparticle technology, Oxylanthanum
−Removed: Carbonate leverages the high phosphate binding potency of lanthanum in a palatable dose form that has the potential to substantially
−Removed: reduce the pill burden volume for patients.
−Removed: In this regard, we believe that the combined effect of smaller pill size, lower number of
−Removed: pills, and improved palatability with Oxylanthanum Carbonate compared with currently available phosphate binders is likely to lead to
−Removed: improved patient compliance/adherence and more effective disease management.
−Removed: Figure 6 Phosphate Binders
−Removed: A New Hyperphosphatemia Market Player
−Removed: is a new oral treatment for hyperphosphatemia that utilizes a novel mechanism of action that inhibits paracellular transport of phosphorus
−Removed: into the bloodstream.
−Removed: Ardelyx filed an NDA for tenapanor with the FDA in June of 2020 which received a Complete Response Letter (“CRL”)
−Removed: from the FDA’s Division of Cardiology and Nephrology in July of 2021, According to the CRL, the Division characterized the treatment
−Removed: effect of tenapanor as “small and of unclear clinical significance.” Ardelyx appealed FDA’s decision and resubmitted
−Removed: their application and was granted approval in October of 2023.
−Removed: The labelled indication for Xphozah (tenapanor) is “…as add-on
−Removed: therapy in patients who have an inadequate response to phosphate binders or who are intolerant of any dose of phosphate binder therapy.”
−Removed: The limited indication as add-on therapy is presumably due to the drug’s relatively modest treatment effect when used as monotherapy
−Removed: in clinical trials (intent-to-treat (ITT) analysis of treatment effect of 0.70 mg/dL on serum phosphorus levels).
−Removed: Additionally, the product
−Removed: label lists diarrhea as the most common adverse event occurring in 43-53% of patients.
−Removed: believe that due to its novel mechanism of action, Xphozah represents an important new addition to the nephrologist’s hyperphosphatemia
−Removed: treatment armamentarium.
−Removed: We believe that the relative competitive profile of Oxylanthanum Carbonate (OLC) has several advantages over
−Removed: 1) Based on our demonstration of pharmacodynamic equivalence of OLC to the reference-listed drug, Fosrenol, our label for OLC
−Removed: is expected to describe its treatment effect as a change of 1.91 mg/dL in serum phosphorus levels in an ITT analysis of patients treated
−Removed: with OLC as monotherapy.
−Removed: This represents more than a 2.7 times greater treatment effect compared to Xphozah.
−Removed: 2) The labelled indication
−Removed: for OLC is expected to be identical to that of Fosrenol which will support its use as monotherapy and will be not limited to add-on therapy,
−Removed: 3) The demonstrated adverse event profile of lanthanum-based phosphate binders (subject to validation of OLC’s GI tolerability
−Removed: profile currently being evaluated in a clinical trial) will compare favorably to high rate of reported GI adverse events of Xphozah.
−Removed: of the key features of Xphozah’s value proposition as an add-on therapy is its low pill burden.
−Removed: Given its substantially lower pill
−Removed: burden than other phosphate binder options, we believe that OLC may be the most logical phosphate binder to combine with tenapanor making
−Removed: these two new medicines more complimentary than competitive as the combination would leverage two distinct mechanisms of action to control
−Removed: phosphorus with a much lower total pill burden than the current standard of care.
−Removed: Access and Reimbursement Environment
−Removed: current federal regulation, phosphate lowering drugs (PLTs), which are currently provided to patients by Medicare Part D insurers, are
−Removed: scheduled to be included into the dialysis bundle in 2025 and will be paid for separately by CMS through a Transitional Drug Add-On Payment
−Removed: Adjustment (TDAPA) program for a minimum of 2 years.
−Removed: In the 2023 ESRD PPS Final Rule, CMS stated, “We have seen that incorporating
−Removed: Medicare Part D drugs into the ESRD PPS has had a significant positive effect of expanding access to such drugs for beneficiaries who
−Removed: do not have Medicare Part D coverage.” (federalregister.gov/d/2022-13449).
−Removed: We believe that the timing of this change coincides
−Removed: favorably with our anticipated launch timing of Oxylanthanum Carbonate (OLC) and could provide for a more rapid launch uptake and competitive
−Removed: pricing advantages.
−Removed: A key factor affecting initial launch uptake of OLC is the expanded access to our product to Medicare beneficiaries
−Removed: which make up over two-thirds of patients on dialysis.
−Removed: Currently under Part D, patients often face high co-pays for branded drugs which
−Removed: tends to restrict access to these drugs.
−Removed: Under the current TDAPA rules, CMS reimburses dialysis organizations for 100% of the average
−Removed: selling cost (ASP) of all phosphate lowering drugs—eliminating the access restrictions patients face from Part D plans.
−Removed: also see a pricing benefit to OLC under TDAPA.
−Removed: In the current reimbursement environment, manufacturers often pay significant rebates
−Removed: to Part D plans for formulary access.
−Removed: Current branded PLTs have diluted their ASP as a result of these rebate agreements and under the
−Removed: Inflation Reduction Act (IRA) are limited in their ability to raise prices above the rate of inflation.
−Removed: Due to the expected launch timing
−Removed: of OLC, we expect to enjoy a pricing advantage over other branded competitors in the market.
+Added: Carbonate Purchase Agreement
+Added: September 20, 2018, we entered into an Assignment and Asset Purchase Agreement (the “Spectrum Agreement”) with Spectrum Pharmaceuticals,
+Added: (“Spectrum”), pursuant to which we purchased certain assets from Spectrum, including Spectrum’s right, title,
+Added: interest in and intellectual property related to Oxylanthanum Carbonate RZB 012, also known as RENALAN™ (“Renalan”)
+Added: and RZB 014, also known as SPI 014 (“SPI” and together with Renalan, the “Compounds”).
+Added: Pursuant to the Spectrum
+Added: Agreement, in consideration for the Compounds, we issued 313,663 shares of common stock to Spectrum.
+Added: Additionally,
+Added: the Spectrum Agreement provides that until the earlier of (i) 36 months from the first date on which our stock trades on a public market,
+Added: or (ii) the date upon which we attain a public market capitalization of $50,000,000 or greater, we are required to issue additional shares
+Added: of our common stock as may be needed to ensure Spectrum maintains a 4% ownership of our issued and outstanding common stock on a fully-diluted
+Added: Fully-diluted shares of common stock for purposes of the Spectrum Agreement assumes conversion of any security convertible into
+Added: or exchangeable or exercisable for common stock or any combination thereof, including any common stock reserved for issuance under a
+Added: stock option plan, restricted stock plan, or other equity incentive plan approved by the Board of Directors of the Company immediately
+Added: following the issuance of additional shares of our common stock (but prior to the issuance of any additional shares of common stock to
+Added: We are also required to pay Spectrum 40% of all of our sublicense income for any sublicense granted to certain sublicensees
+Added: during the first 12 months after the Closing Date (as that term is defined in the Spectrum Agreement) and 20% of all other sublicense
+Added: Our payment obligations to Spectrum will expire on the twentieth (20 th ) anniversary of the Closing Date of the Spectrum
Acute Kidney Injury (AKI)
kidney injury (AKI) is defined as a sudden loss of kidney function that is diagnosed by increased serum creatinine levels and decreased
−Removed: urine output and is limited to a duration of 7 days, whereas chronic kidney disease (CKD) is a defined as persistent decrease in kidney
+Added: urine output and is limited to a duration of 7 days, whereas chronic kidney disease (CKD) is defined as persistent decrease in kidney
function beyond 90 days.
9 unchanged sentences
Graft Function (DGF)
−Removed: initial target indication for UNI-494 is delayed graft function (DGF).
−Removed: DGF is a form of acute kidney injury (AKI) caused by the ischemia
−Removed: reperfusion injury (IRI) phenomenon in kidney transplantation surgery.
−Removed: DGF is a serious complication of kidney transplantation with no
−Removed: approved therapies.
−Removed: Patients who experience DGF have an increased risk of mortality that’s 59% higher than those without DGF.
−Removed: with DGF are also more than 2 times more likely to be readmitted to the hospital within 30-days post-transplantation and are at 41% increased
−Removed: risk of long-term graft loss.
−Removed: Given the average cost of a kidney transplant of nearly $500,000, the economic implications of graft failure
−Removed: due to DGF are staggering.
+Added: initial target indication for UNI-494 is delayed graft function.
+Added: DGF refers to the acute kidney injury that occurs in the first week
+Added: after kidney transplantation, which necessitates dialysis intervention.
+Added: Ischemia/reperfusion injury (IRI) is known to be a major risk
+Added: factor for the AKI that results in DGF.
+Added: Patients who experience DGF have an increased risk of mortality that’s 59% higher than
+Added: those without DGF.
+Added: Patients with DGF are also more than 2 times more likely to be readmitted to the hospital within 30-days post-transplantation
+Added: and are at 41% increased risk of long-term graft loss.
+Added: Given the average cost of a kidney transplant of nearly $500,000, the economic
+Added: implications of graft failure due to DGF are staggering.
potential commercial opportunity for UNI-494 in DGF is substantial.
8 unchanged sentences
lower quality organs are transplanted.
−Removed: treatment of delayed graft function and acute kidney injury
+Added: of Delayed Graft Function and Acute Kidney Injury
there are no FDA approved medicines to treat DGF and/or AKI.
6 unchanged sentences
drug for the treatment of AKI.
−Removed: of Mitochondria in kidney diseases
−Removed: Mitochondria are where most of the energy in a cell is produced.
−Removed: kidney has one of the highest mitochondrial densities in the body.
−Removed: Both acute and chronic kidney disease is associated with mitochondrial
−Removed: loss and impaired repair mechanisms, which subsequently result in increased oxidative damage, cellular injury and cell death.
−Removed: CKD not only form a continuum but are a bidirectional process, wherein maladaptive repair of AKI leads to CKD and patients with underlying
−Removed: CKD conditions are predisposed to the development of AKI.
−Removed: Mitochondrial dysfunction plays a crucial role in both AKI and CKD, as shown
−Removed: in the diagram below.
−Removed: Since mitochondrial dysfunction is an important factor in the pathogenesis of AKI and CKD, mitochondria have emerged
−Removed: as a therapeutic target for treatment of these diseases.
−Removed: Figure 7 Mitochondrial Damage from Acute Kidney Injury and
−Removed: Chronic Kidney Disease
−Removed: from Bhatia et al, Kidney Research and Practice 2020 39(3):244-258.
−Removed: a Novel Pro-drug of Nicorandil
+Added: A Novel Prodrug of Nicorandil
marketed in such products as Ikorel and Dancor, is indicated for the treatment of chronic stable angina pectoris.
−Removed: It is currently not
+Added: It is not currently
approved in the United States but has been approved for use in Australia, the United Kingdom and most of Europe, and in India, Japan,
23 unchanged sentences
UNI-494 is cleaved by esterase enzymes to form nicorandil, the active
−Removed: The proposed mechanism of action of UNI-494 is shown in the diagram below:
−Removed: Figure 8 Mechanism of Action of UNI-494
+Added: The proposed mechanism of action of UNI-494 is shown in Figure 13 below:
+Added: Mechanism of Action of UNI-494
Ischemia/reperfusion
4 unchanged sentences
phenomenon of ischemic preconditioning.
+Added: for Development
of UNI-494 in Animal Models:
−Removed: We recently conducted pre-clinical pharmacology studies to evaluate the efficacy of UNI-494 in animal
−Removed: The ischemia reperfusion injury (IRI) model of DGF in rats was used to study the efficacy of UNI-494 in preventive mode on kidney
−Removed: injury with a special focus on kidney functional markers (serum creatinine [sCr], blood urea nitrogen [BUN], and urinary albumin/creatinine
+Added: We conducted pre-clinical pharmacology studies to evaluate the efficacy of UNI-494 in preventive mode
+Added: on kidney injury with a special focus on kidney functional markers (serum creatinine [sCr], blood urea nitrogen [BUN], and urinary albumin/creatinine
ratio [ACR]), tubular injury markers (urinary neutrophil gelatinase-associated lipocalin [NGAL] and proximal tubular damage (proximal
tubular injury scores via histology.
−Removed: UNI-494 was administered 30 minutes prior to the induction of ischemia, IR induced significant increases
−Removed: of sCr, BUN, ACR, NGAL, β2-MG, and proximal tubular injury damage scores in the vehicle treated DGF group when compared to No DGF
−Removed: sham group (p<0.0001 – as per one-way ANOVA multiple comparison test).
−Removed: Following treatment with UNI-494, there was a statistically
−Removed: significant reduction of biomarkers and improvement in tubular injury as shown in the figure below.
−Removed: Figure 9 Effect of UNI-494 on Ischemia-Reperfusion Injury in
−Removed: Clinical Development Status
−Removed: have completed non-clinical safety assessment studies required for regulatory filing and submitted a Clinical Trial Application (CTA)
−Removed: to the Medicines and Healthcare Products Regulatory Agency (MHRA) to initiate a Phase 1 study in healthy volunteers in the United
−Removed: The MHRA has completed review of our CTA and issued a notice of acceptance for UNI-494 first-in-human Phase 1 study in
−Removed: healthy volunteers.
−Removed: We initiated the Phase I study in healthy volunteers to evaluate the safety and tolerability of UNI-494.
−Removed: to complete the study during the 2H of 2024.
−Removed: trials for UNI-494 in Acute Kidney Injury
−Removed: I study in Healthy volunteers:
−Removed: This is a single-center, double-blind, placebo-controlled, randomized single ascending dose (SAD)
−Removed: (Part 1) and multiple ascending dose (MAD) (Part 2) study in healthy male and female subjects of non-childbearing potential.
−Removed: enroll up to approximately 40 subjects in 5 cohorts of 8 subjects each (randomized to a ratio of 6 active and 2 placebo per cohort).
−Removed: There will be an interim decision meeting after each cohort/period, to review the safety, tolerability, and PK data in order to decide
−Removed: the dose level for the subsequent cohort.
−Removed: Part 2 will enroll approximately 20 subjects in 2 cohorts of 10 subjects each, randomized to
−Removed: a ratio of 8 active treatment to 2 placebo who will be dosed for 5 days.
−Removed: The dose level for the Part 2 Cohort 1 will be selected based
−Removed: on the safety, tolerability and PK data from Part 1.
−Removed: study is actively enrolling subjects in the UK.
−Removed: We have completed Part 1 of the study.
−Removed: Part 2 of the study is in progress and we expect
−Removed: to complete this study in 2H of 2024.
−Removed: of Concept Phase 2 Study in DGF
−Removed: are in discussions with our Key Opinion Leaders (KOLs) regarding target patient population, study design including dose, duration of
−Removed: treatment, and sample size for the proof of principle Phase 2 study to prevent DGF in kidney transplantation patients.
−Removed: Based on the mechanism
−Removed: of action of UNI-494, our goal is to identify the target kidney transplant patient population who are most likely to benefit from UNI-494.
−Removed: We have also identified patient populations where we would not likely evaluate UNI-494 in clinical trials, including patients with prior
−Removed: history of gastrointestinal ulcerations.
−Removed: This will become exclusion criteria in future clinical trials for UNI-494.
−Removed: plan to file an Investigational New Drug (IND) application with the FDA to initiate a Phase 2 proof-of-concept trial for the prevention
−Removed: of Delayed Graft Function in Kidney Transplantation in Q4, 2024.
−Removed: Strategy for UNI-494
−Removed: Drug Designation:
−Removed: In February 2024, the FDA granted orphan drug designation to UNI-494 for prevention of DGF in patients undergoing solid
−Removed: organ transplantation.
−Removed: The FDA, through its Office of Orphan Products Development (OOPD), grants orphan drug designation to drugs that
−Removed: have the potential to offer a safe and effective treatment, diagnosis or prevention of rare diseases that affect fewer than 200,000 patients
−Removed: in the United States.
−Removed: Orphan drug designation provides certain benefits to the drug developer that include the following:
−Removed: 1) tax credits
−Removed: for qualified clinical trials, 2) exemption of user fees and 3) potential for seven years of market exclusivity after approval.
−Removed: FDA issued a guidance to industry in 2019 for development of drugs for prevention of DGF in kidney transplantation.
−Removed: This guidance outlines
−Removed: the study design, patient population, randomization, stratification, dose selection and primary endpoints required for registration of
−Removed: drugs in DGF.
−Removed: This guidance provides a clear path for development of drugs for prevention of DGF.
−Removed: is already approved in Europe and Asia for the treatment of heart disease.
−Removed: We believe there is a possibility these historical Nicorandil
−Removed: data, along with preclinical and clinical data with UNI-494 itself, can be utilized for streamlined U.S.
+Added: The study evaluated the in vivo efficacy of intravenous UNI-494 in the unilateral renal ischemia-reperfusion
+Added: rat model of acute kidney injury, which is a well-established model of DGF.
+Added: was administered 30 minutes prior to the induction of ischemia, IR induced significant increases of sCr, BUN, ACR, NGAL, β2-MG,
+Added: and proximal tubular injury damage scores in the vehicle treated DGF group when compared to No DGF sham group (p<0.0001 – as
+Added: per one-way ANOVA multiple comparison test).
+Added: Following treatment with UNI-494, there was a statistically significant reduction of biomarkers
+Added: and improvement in tubular injury as shown below in Figure 14 :
+Added: Effect of UNI-494 on Ischemia-Reperfusion Injury in Rats
+Added: UNI-494 prevented serum and urinary markers of AKI at 5 mg/kg, and proximal tubular injury scores improved in a dose-dependent manner.
+Added: The study concluded that UNI-494 is a potential candidate for prevention of DGF and other AKI clinical conditions.
+Added: UNI-494 Clinical Development Status
+Added: We have completed a Phase
+Added: I study in healthy volunteers to evaluate the safety and tolerability of UNI-494.
+Added: Phase I Study in Healthy Volunteers
+Added: The Phase 1 study was a single center, double-blind,
+Added: placebo-controlled, randomized single ascending dose (Part 1) and multiple ascending dose (Part 2) study in healthy volunteers conducted
+Added: in the United Kingdom.
+Added: Dosing in both arms was completed in a stepwise fashion.
+Added: The objective of the study was to assess the safety, tolerability
+Added: and pharmacokinetics of UNI-494.
+Added: Single Ascending Dose:
+Added: Part 1 of the study
+Added: enrolled 40 participants in 5 cohorts with 30 participants dosed with UNI-494 and 10 participants dosed with placebo.
+Added: UNI-494 was well-tolerated
+Added: in healthy participants as a single dose ranging from 10 mg to 160 mg.
+Added: There were no serious adverse events (SAEs) or adverse events (AEs)
+Added: leading to withdrawal.
+Added: Headache was the most common adverse event reported.
+Added: Most of the adverse events were mild, and all participants
+Added: dosed with UNI-494 completed the study.
+Added: Multiple Ascending Dose:
+Added: Part 2 of the
+Added: study enrolled 19 participants in two cohorts with 15 participants dosed with UNI-494 and 4 dosed with placebo.
+Added: In Cohort One (n=9), participants
+Added: were dosed with 40 mg two times a day (BID) for 5 days with UNI-494 or matching placebo.
+Added: In Cohort Two (n=10), participants were dosed
+Added: with 80 mg BID for 5 days.
+Added: There were no serious adverse events (SAEs) in Part 2 of the study, and UNI-494 was safe and well-tolerated
+Added: at the 40 mg BID dose for 5 days.
+Added: Most common adverse events reported included headache, nausea, and vomiting.
+Added: In Cohort One, the majority
+Added: of the adverse events reported were mild and all but one participant completed the study.
+Added: In Cohort Two, UNI-494 was not well-tolerated
+Added: with 4 participants withdrawing from the study due to adverse events.
+Added: Pharmacokinetics of UNI-494 were also evaluated
+Added: in the study.
+Added: The absorption of UNI-494 was fast, and UNI-494 was rapidly metabolized to release nicorandil and the linker as expected.
+Added: Following the
+Added: completion of Phase I study in healthy volunteers, we requested a meeting with the FDA to discuss our proposed clinical study in
+Added: patients undergoing kidney transplantation.
+Added: This study is designed to evaluate the safety and tolerability of UNI-494 in patients
+Added: undergoing kidney transplantation and to get proof of concept data on the efficacy of UNI-494 to prevent DGF.
+Added: In a written response,
+Added: the FDA recommended additional studies before a clinical study is initiated in patients undergoing kidney transplantation.
+Added: Based on the feedback from the FDA, and our current focus on commercializing and launching our lead drug, OLC, the company decided to
+Added: deprioritize further development of UNI-494 for the time being.
+Added: Regulatory Strategy for UNI-494
+Added: Orphan Drug Designation:
+Added: In February 2024,
+Added: the FDA granted orphan drug designation to UNI-494 for prevention of DGF in patients undergoing solid organ transplantation.
+Added: through its Office of Orphan Products Development (OOPD), grants orphan drug designation to drugs that have the potential to offer a safe
+Added: and effective treatment, diagnosis or prevention of rare diseases that affect fewer than 200,000 patients in the United States.
+Added: drug designation provides certain benefits to the drug developer that include the following:
+Added: 1) tax credits for qualified clinical trials,
+Added: 2) exemption of user fees and 3) potential for seven years of market exclusivity after approval.
+Added: The FDA issued a guidance to industry in 2019
+Added: for development of drugs for prevention of DGF in kidney transplantation.
+Added: This guidance outlines the study design, patient population,
+Added: randomization, stratification, dose selection and primary endpoints required for registration of drugs in DGF.
+Added: This guidance provides
+Added: a clear path for development of drugs for prevention of DGF.
+Added: Nicorandil is already approved in Europe and Asia
+Added: for the treatment of heart disease.
+Added: We believe there is a possibility these historical Nicorandil data, along with preclinical and clinical
+Added: data with UNI-494 itself, can be utilized for streamlined U.S.
FDA review of UNI-494.
−Removed: the pre-clinical requirements to start a clinical program for an IND would be similar for UNI-494 as for NCE (New Chemical Entity), we
−Removed: believe that the vast clinical data set from Nicorandil will potentially help us to expedite the clinical development program with the
−Removed: Delayed Graft Function (DGF):
−Removed: A UNI-494 per patient treatment cost of $25,000 for the ~40,000 deceased donor kidney transplants per
−Removed: year values the DGF market at $1 billion.
+Added: While the pre-clinical requirements to start a clinical
+Added: program for an IND would be similar for UNI-494 as for NCE (New Chemical Entity), we believe that the vast clinical data set from Nicorandil
+Added: will potentially help us to expedite the clinical development program with the FDA.
+Added: Market Potential
+Added: In Delayed Graft Function (DGF):
+Added: per patient treatment cost of $25,000 for the ~40,000 deceased donor kidney transplants per year values the DGF market at $1 billion.
This estimate of the DGF market potential is only intended to be illustrative.
−Removed: The commercial
−Removed: potential of UNI-494 will be determined by the portion of the market ultimately addressable by UNI-494 and its actual launch price.
−Removed: the economic consequences of kidney graft failure, a clinically effective UNI-494 could reasonably command a significantly higher market
−Removed: Acute Kidney Injury (AKI):
−Removed: According to a 2017 article by Silver and Chertow, the current cost of care for AKI in the U.S.
−Removed: to be between $5.4 billion to $24 billion per year.
−Removed: In England, inpatient costs related to AKI are estimated to make up 1% of the total
−Removed: National Health Service budget.
−Removed: With no effective treatment for AKI, it is not possible to definitively state a market figure.
−Removed: with the high cost and burden of caring for AKI patients, we believe a conservative market estimate is approximately $3 billion in the
−Removed: The lack of effective therapeutic interventions for AKI means that UNI-494 has the potential to be the first drug approved
−Removed: for the treatment of AKI.
−Removed: AKI is a heterogeneous disease.
−Removed: We plan to target a more homogeneous AKI population for UNI-494 by focusing
−Removed: on kidney injury caused by complications from heart failure, surgeries, drugs, and contrast induced nephropathy.
−Removed: License Agreement
−Removed: October 1, 2017, we entered into an exclusive license agreement (the “Sphaera License Agreement”) with Sphaera Pharma Pte.
−Removed: Ltd., a Singaporean pharmaceutical corporation (“Sphaera”).
−Removed: Pursuant to the Sphaera License Agreement, we acquired an exclusive
−Removed: royalty-bearing worldwide license to develop, make, have made, use, practice, research, distribute, lease, sell, offer for sale, license,
−Removed: import or otherwise dispose of certain rights owned or controlled by Sphaera and/or any of its affiliates, related to UNI-494 (the “UNI-494
−Removed: We also acquired a non-exclusive license to certain know-how and technology related to the UNI-494 Rights.
−Removed: Sphaera conceived
−Removed: of and performed initial characterization of various potential pro-drug linkers, including the initial patent application, and performed
−Removed: some initial physicochemical characterization and preliminary animal pharmacokinetic studies.
+Added: The commercial potential of UNI-494 will be determined
+Added: by the portion of the market ultimately addressable by UNI-494 and its actual launch price.
+Added: Given the economic consequences of kidney
+Added: graft failure, a clinically effective UNI-494 could reasonably command a significantly higher market price.
+Added: In Acute Kidney Injury (AKI):
+Added: to a 2017 article by Silver and Chertow, the current cost of care for AKI in the U.S.
+Added: is estimated to be between $5.4 billion to $24 billion
+Added: In England, inpatient costs related to AKI are estimated to make up 1% of the total National Health Service budget.
+Added: effective treatment for AKI, it is not possible to definitively state a market figure.
+Added: However, with the high cost and burden of caring
+Added: for AKI patients, we believe a conservative market estimate is approximately $3 billion in the U.S.
+Added: The lack of effective therapeutic
+Added: interventions for AKI means that UNI-494 has the potential to be the first drug approved for the treatment of AKI.
+Added: AKI is a heterogeneous
+Added: We plan to target a more homogeneous AKI population for UNI-494 by focusing on kidney injury caused by complications from heart
+Added: failure, surgeries, drugs, and contrast induced nephropathy.
+Added: Sphaera License Agreement
+Added: On October 1, 2017, we entered into an exclusive
+Added: license agreement (the “Sphaera License Agreement”) with Sphaera Pharma Pte.
+Added: Ltd., a Singaporean pharmaceutical corporation
+Added: Pursuant to the Sphaera License Agreement, we acquired an exclusive royalty-bearing global license to develop,
+Added: make, have made, use, practice, research, distribute, lease, sell, offer for sale, license, import or otherwise dispose of certain rights
+Added: owned or controlled by Sphaera and/or any of its affiliates, related to UNI-494 (the “UNI-494 Rights”).
+Added: We also acquired a
+Added: non-exclusive license to certain know-how and technology related to the UNI-494 Rights.
+Added: Sphaera conceived of and performed initial characterization
+Added: of various potential pro-drug linkers, including the initial patent application, and performed some initial physicochemical characterization
+Added: and preliminary animal pharmacokinetic studies.
Under the terms of the Sphaera License Agreement,
8 unchanged sentences
an additional $50,000 within 30 days of completion of such trial;
−Removed: and at the time the FDA accepts a NDA for UNI494, $1.65 million.
+Added: and at the time the FDA accepts an NDA for UNI494, $1.65 million.
In addition, we are responsible for the prosecution of patent rights, and any related costs and expenses for patent prosecution and maintenance.
14 unchanged sentences
We face significant competition from organizations that are pursuing products
−Removed: that would compete with the product candidates we are developing and the same or similar products that target the same conditions we
−Removed: intend to treat.
−Removed: Due to our limited resources, we may not be able to compete successfully against these organizations, which include
−Removed: many large, well-financed and experienced pharmaceutical and biotechnology companies, as well as academic and research institutions and
−Removed: government agencies.
+Added: that would compete with the product candidates we are developing and the same or similar products that target the same conditions we intend
+Added: Due to our limited resources, we may not be able to compete successfully against these organizations, which include many large,
+Added: well-financed and experienced pharmaceutical and biotechnology companies, as well as academic and research institutions and government
Intellectual Property
9 unchanged sentences
continuing technological innovation, confidentiality agreements, and invention assignment agreements to develop and maintain our proprietary
−Removed: The confidentiality agreements are designed to protect our proprietary information and the invention assignment agreements
−Removed: are designed to grant us ownership of technologies that are developed for us by our employees, consultants, or other third parties.
−Removed: seek to preserve the integrity and confidentiality of our data and trade secrets by maintaining physical security of our premises and
−Removed: physical and electronic security of our information technology systems.
−Removed: While we have confidence in our agreements and security measures,
−Removed: either may be breached, and we may not have adequate remedies.
−Removed: In addition, our trade secrets may otherwise become known or independently
−Removed: discovered by competitors.
+Added: The confidentiality agreements are designed to protect our proprietary information and the invention assignment agreements are
+Added: designed to grant us ownership of technologies that are developed for us by our employees, consultants, or other third parties.
+Added: to preserve the integrity and confidentiality of our data and trade secrets by maintaining physical security of our premises and physical
+Added: and electronic security of our information technology systems.
+Added: While we have confidence in our agreements and security measures, either
+Added: may be breached, and we may not have adequate remedies.
+Added: In addition, our trade secrets may otherwise become known or independently discovered
+Added: by competitors.
With respect to both licensed and company-owned
−Removed: intellectual property, we cannot be sure that patents will be granted with respect to any of our pending patent applications or with
−Removed: respect to any patent applications filed by us in the future, nor can we be sure that any of our existing patents or any patents that
−Removed: may be granted to us in the future will be commercially useful in protecting our commercial products and methods of using and manufacturing
−Removed: Oxylanthanum Carbonate Patent Portfolio
+Added: intellectual property, we cannot be sure that patents will be granted with respect to any of our pending patent applications or with respect
+Added: to any patent applications filed by us in the future, nor can we be sure that any of our existing patents or any patents that may be granted
+Added: to us in the future will be commercially useful in protecting our commercial products and methods of using and manufacturing the same.
+Added: Patent Portfolio
+Added: Oxylanthanum Carbonate
Our Oxylanthanum Carbonate patent portfolio includes
−Removed: one family of granted United States patents, with related applications pending, and an additional family of granted foreign patents,
−Removed: with related applications also pending.
−Removed: Granted and pending claims offer various forms of protection for Oxylanthanum Carbonate including
−Removed: claims to compositions of matter, pharmaceutical compositions, specific forms (such as polymorphs of lanthanum dioxycarbonate),
−Removed: methods of making the composition of matter, and methods for treating elevated levels of phosphate in the blood using Oxylanthanum Carbonate.
+Added: one family of granted United States patents, with related applications pending, and an additional family of granted foreign patents, with
+Added: related applications also pending.
+Added: Granted and pending claims offer various forms of protection for Oxylanthanum Carbonate including claims
+Added: to compositions of matter, pharmaceutical compositions, specific forms (such as polymorphs of lanthanum dioxycarbonate), methods
+Added: of making the composition of matter, and methods for treating elevated levels of phosphate in the blood using Oxylanthanum Carbonate.
These United States patents and applications, and their foreign equivalents, are described in more detail below.
7 unchanged sentences
countries have statutory expiration dates in 2032.
−Removed: In some cases, granted United States patents
−Removed: claiming Oxylanthanum Carbonate have a longer statutory term than the corresponding foreign patents.
−Removed: This results from the USPTO’s
−Removed: practice of granting patent term adjustments for prosecution delays originating at the USPTO.
−Removed: Such adjustments are generally not available
−Removed: under foreign patent laws.
−Removed: If Oxylanthanum Carbonate is approved for marketing in the United States, under the Hatch-Waxman Act we may
−Removed: be eligible for up to five years patent term extension for a granted United States patent containing claims covering Oxylanthanum Carbonate.
−Removed: Similar term extensions may be available in Europe, Japan, Australia, and certain other foreign jurisdictions.
−Removed: The amount of any such
−Removed: term extension, and the identity of the patent to which it would apply, are dependent upon several factors including the duration of
−Removed: the development program and the date of marketing approval.
+Added: In some cases, granted United States patents claiming
+Added: Oxylanthanum Carbonate have a longer statutory term than the corresponding foreign patents.
+Added: We anticipate patent exclusivity until May
+Added: 2036 with the patent term extension available for the ’240 patent.
+Added: This results from the USPTO’s practice of granting patent
+Added: term adjustments for prosecution delays originating at the USPTO.
+Added: Such adjustments are generally not available under foreign patent laws.
+Added: If Oxylanthanum Carbonate is approved for marketing in the United States, under the Hatch-Waxman Act we may be eligible for up to five
+Added: years patent term extension for a granted United States patent containing claims covering Oxylanthanum Carbonate.
+Added: Similar term extensions
+Added: may be available in Europe, Japan, Australia, and certain other foreign jurisdictions.
+Added: The amount of any such term extension, and the
+Added: identity of the patent to which it would apply, are dependent upon several factors including the duration of the development program and
+Added: the date of marketing approval.
The most relevant granted United States patents
with claims covering Oxylanthanum Carbonate are listed below, along with their projected expiration dates exclusive of any patent term
−Removed: carbonate hydroxide, lanthanum oxycarbonate and methods of their manufacture and use
−Removed: carbonate hydroxide, lanthanum oxycarbonate and methods of their manufacture and use
+Added: Lanthanum carbonate hydroxide, lanthanum oxycarbonate and methods of their manufacture and use
+Added: October 26, 2032
+Added: Lanthanum carbonate hydroxide, lanthanum oxycarbonate and methods of their manufacture and use
+Added: November 12, 2032
+Added: Lanthanum carbonate hydroxide, lanthanum oxycarbonate and methods of their manufacture and use
We believe that we have a strong global intellectual
2 unchanged sentences
that is exclusively licensed to us from Sphaera Pharma Pte Ltd.
−Removed: In addition, we have one application that we own.
−Removed: The granted U.S.
−Removed: is directed to methods of making UNI 494, and it is expected to expire in 2032.
−Removed: The PCT application is directed to methods of using UNI
−Removed: 494, and to other compositions of matter and their uses.
−Removed: and other global patents issue from this PCT application, they are
−Removed: expected to expire in 2040.
+Added: In addition, we have two granted U.S.
+Added: patents that we own.
+Added: The first granted
+Added: patent is directed to methods of making UNI-494, and it is expected to expire in 2032.
+Added: The second granted U.S.
+Added: patent is directed
+Added: to methods of using UNI-494, and to other compositions of matter and their uses and is expected to expire in 2040.
+Added: Patent Number
+Added: Projected Expiration
+Added: Substituted methylformyl reagents and method of using same to modify physicochemical and/or pharmacokinetic properties of compounds
+Added: July 11, 2032
+Added: Nicorandil derivatives
+Added: March 16, 2040
Government Regulations
Government authorities in the United States at
−Removed: the federal, state, and local level, including the FDA, the FTC and the DEA, extensively regulate, among other things, the research,
−Removed: development, testing, manufacturing, quality control, approval, labeling, packaging, storage, recordkeeping, promotion, advertising,
−Removed: distribution, marketing and export and import of products such as those we plan to develop and market.
−Removed: For both the products under development
−Removed: and to be marketed, failure to comply with applicable regulatory requirements can, among other things, result in suspension of regulatory
−Removed: approval and possible civil and criminal sanctions.
−Removed: Regulations, enforcement positions, statutes and legal interpretations applicable
−Removed: to the pharmaceutical industry are constantly evolving and are not always clear.
−Removed: Significant changes in regulations, enforcement positions,
−Removed: statutes and legal interpretations could have a material adverse effect on our financial condition and results of our operations.
−Removed: Additionally, future healthcare legislation or
−Removed: other legislative proposals at the federal and state levels could bring about major changes in the affected health care systems, including
−Removed: statutory restrictions on the means that can be employed by brand and generic pharmaceutical companies to settle Paragraph IV patent
−Removed: We cannot predict the outcome of such initiatives, but such initiatives, if passed, could result in significant costs to
−Removed: us in terms of costs of compliance and penalties associated with failure to comply.
+Added: the federal, state, and local level, including the FDA, the FTC and the DEA, extensively regulate, among other things, the research, development,
+Added: testing, manufacturing, quality control, approval, labeling, packaging, storage, recordkeeping, promotion, advertising, distribution,
+Added: marketing and export and import of products such as those we plan to develop and market.
+Added: For both the products under development and to
+Added: be marketed, failure to comply with applicable regulatory requirements can, among other things, result in suspension of regulatory approval
+Added: and possible civil and criminal sanctions.
+Added: Regulations, enforcement positions, statutes and legal interpretations applicable to the pharmaceutical
+Added: industry are constantly evolving and are not always clear.
+Added: Significant changes in regulations, enforcement positions, statutes and legal
+Added: interpretations could have a material adverse effect on our financial condition and results of our operations.
+Added: Additionally, future healthcare legislation
+Added: or other legislative proposals at the federal and state levels could bring about major changes in the affected health care systems, including
+Added: statutory restrictions on the means that can be employed by brand and generic pharmaceutical companies to settle Paragraph IV patent litigations.
+Added: We cannot predict the outcome of such initiatives, but such initiatives, if passed, could result in significant costs to us in terms of
+Added: costs of compliance and penalties associated with failure to comply.
Pharmaceutical Regulation in the United States
1 unchanged sentence
under the Food, Drug and Cosmetic Act (FDCA) and its implementing regulations.
−Removed: The process of obtaining regulatory approvals and the
−Removed: subsequent compliance with appropriate federal, state, local and foreign statutes and regulations require the expenditure of substantial
−Removed: time and financial resources.
+Added: The process of obtaining regulatory approvals and the subsequent
+Added: compliance with appropriate federal, state, local and foreign statutes and regulations require the expenditure of substantial time and
+Added: financial resources.
Failure to comply with the applicable U.S.
−Removed: requirements at any time during the product development process,
−Removed: approval process or after approval may subject an applicant to administrative or judicial sanctions.
−Removed: These sanctions could include the
−Removed: FDA’s refusal to approve pending applications, withdrawal of an approval, a clinical hold, Warning or Untitled Letters, product
−Removed: recalls, product seizures, total or partial suspension of production or distribution of product(s), injunctions, fines, refusals of government
−Removed: contracts, restitution, disgorgement or civil or criminal penalties.
−Removed: Any agency or judicial enforcement action could have a material
−Removed: adverse effect on us.
+Added: requirements at any time during the product development process, approval
+Added: process or after approval may subject an applicant to administrative or judicial sanctions.
+Added: These sanctions could include the FDA’s
+Added: refusal to approve pending applications, withdrawal of an approval, a clinical hold, Warning or Untitled Letters, product recalls, product
+Added: seizures, total or partial suspension of production or distribution of product(s), injunctions, fines, refusals of government contracts,
+Added: restitution, disgorgement or civil or criminal penalties.
+Added: Any agency or judicial enforcement action could have a material adverse effect
FDA approval is required before any new unapproved
1 unchanged sentence
in the United States.
−Removed: The process required by the FDA before a new
−Removed: drug may be marketed in the United States generally involves:
−Removed: of preclinical laboratory and animal testing and formulation studies in compliance with the
−Removed: FDA’s current good laboratory practice (GLP) regulations;
−Removed: to the FDA of an IND for human clinical testing, which must become effective before human
−Removed: clinical trials may begin in the United States;
−Removed: by an institutional review board (IRB) at each clinical site before each trial may be initiated;
−Removed: ● Performance
−Removed: of adequate and well-controlled human clinical trials in accordance with the FDA good clinical
−Removed: practice (GCP) requirements and other clinical trial-related regulations to establish the
−Removed: safety and efficacy of the proposed drug product for each intended use;
−Removed: ● Satisfactory
−Removed: completion of a pre-approval inspection by FDA of the facility or facilities at which the
−Removed: product is manufactured to assess compliance with the FDA’s cGMP regulations and to
−Removed: assure that the facilities, methods and controls are adequate to preserve the drug’s
−Removed: identity, strength, quality and purity;
−Removed: to the FDA of an NDA;
−Removed: ● Satisfactory
−Removed: completion of a potential review by an FDA advisory committee, if applicable;
−Removed: review and approval of the NDA.
+Added: The process required by the FDA before a new drug
+Added: may be marketed in the United States generally involves:
+Added: Completion of preclinical laboratory and animal testing and formulation studies in compliance with the FDA’s current good laboratory practice (GLP) regulations;
+Added: Submission to the FDA of an IND for human clinical testing, which must become effective before human clinical trials may begin in the United States;
+Added: Approval by an institutional review board (IRB) at each clinical site before each trial may be initiated;
+Added: Performance of adequate and well-controlled human clinical trials in accordance with the FDA good clinical practice (GCP) requirements and other clinical trial-related regulations to establish the safety and efficacy of the proposed drug product for each intended use;
+Added: Satisfactory completion of a pre-approval inspection by FDA of the facility or facilities at which the product is manufactured to assess compliance with the FDA’s cGMP regulations and to assure that the facilities, methods and controls are adequate to preserve the drug’s identity, strength, quality and purity;
+Added: Submission to the FDA of an NDA;
+Added: Satisfactory completion of a potential review by an FDA advisory committee, if applicable;
+Added: FDA review and approval of the NDA.
Preclinical Studies
12 unchanged sentences
Clinical Trials
−Removed: Once the IND has been approved by the FDA, the company may begin conducting
−Removed: clinical trials.
−Removed: Clinical trials involve the administration of the investigational new drug to human subjects under the supervision of
−Removed: qualified investigators in accordance with GCP requirements, which include the requirement that all research subjects provide their informed
−Removed: consent in writing for their participation in any clinical trial.
−Removed: Clinical trials are conducted under protocols detailing, among other
−Removed: things, the objectives of the trial, the parameters to be used in monitoring safety, and the effectiveness criteria to be evaluated.
−Removed: protocol for each clinical trial and any subsequent protocol amendments must be submitted to the FDA as part of the IND.
−Removed: an IRB at each institution participating in the clinical trial must review and approve the plan for any clinical trial before it is initiated
−Removed: at that institution.
−Removed: Information about certain clinical trials must be submitted within specific timeframes to the NIH for public dissemination
−Removed: on their www.clinicaltrials.gov website.
+Added: Once the IND has been approved by the FDA, the
+Added: company may begin conducting clinical trials.
+Added: Clinical trials involve the administration of the investigational new drug to human subjects
+Added: under the supervision of qualified investigators in accordance with GCP requirements, which include the requirement that all research
+Added: subjects provide their informed consent in writing for their participation in any clinical trial.
+Added: Clinical trials are conducted under
+Added: protocols detailing, among other things, the objectives of the trial, the parameters to be used in monitoring safety, and the effectiveness
+Added: criteria to be evaluated.
+Added: A protocol for each clinical trial and any subsequent protocol amendments must be submitted to the FDA as part
+Added: In addition, an IRB at each institution participating in the clinical trial must review and approve the plan for any clinical
+Added: trial before it is initiated at that institution.
+Added: Information about certain clinical trials must be submitted within specific timeframes
+Added: to the NIH for public dissemination on their www.clinicaltrials.gov website.
Human clinical trials are typically conducted
in three sequential phases, which may be distinct, or overlap or be combined:
−Removed: The drug is initially introduced into healthy human subjects or patients with the target
−Removed: disease or condition, and tested for safety, dosage tolerance, absorption, metabolism, distribution, excretion and, if possible, to gain
−Removed: an early indication of its effectiveness.
−Removed: The drug is administered to a limited patient population to identify possible adverse
−Removed: effects and safety risks, to preliminarily evaluate the efficacy of the product for specific targeted diseases and to determine dosage
−Removed: The drug is administered to an expanded patient population, generally at geographically
−Removed: dispersed clinical trial sites, in well-controlled clinical trials to generate enough data to statistically evaluate the efficacy and
−Removed: safety of the product for approval, to establish the overall risk-benefit profile of the product, and to provide adequate information
−Removed: for the labeling of the product.
+Added: The drug is initially introduced into healthy human subjects or patients with the target disease or condition, and tested for safety, dosage tolerance, absorption, metabolism, distribution, excretion and, if possible, to gain an early indication of its effectiveness.
+Added: The drug is administered to a limited patient population to identify possible adverse effects and safety risks, to preliminarily evaluate the efficacy of the product for specific targeted diseases and to determine dosage tolerance.
+Added: The drug is administered to an expanded patient population, generally at geographically dispersed clinical trial sites, in well-controlled clinical trials to generate enough data to statistically evaluate the efficacy and safety of the product for approval, to establish the overall risk-benefit profile of the product, and to provide adequate information for the labeling of the product.
Progress reports detailing the results of the
2 unchanged sentences
and Phase 3 trials may not be completed successfully within any specified period, or at all.
−Removed: Furthermore, the FDA or the sponsor may
−Removed: suspend or terminate a clinical trial at any time on various grounds, including a finding that the research subjects are being exposed
−Removed: to an unacceptable health risk.
−Removed: Similarly, an IRB can suspend or terminate approval of a clinical trial at its institution if it is not
−Removed: being conducted in accordance with the IRB’s requirements or if the drug has been associated with unexpected serious harm to patients.
+Added: Furthermore, the FDA or the sponsor may suspend
+Added: or terminate a clinical trial at any time on various grounds, including a finding that the research subjects are being exposed to an unacceptable
+Added: Similarly, an IRB can suspend or terminate approval of a clinical trial at its institution if it is not being conducted in
+Added: accordance with the IRB’s requirements or if the drug has been associated with unexpected serious harm to patients.
Marketing Approval
4 unchanged sentences
relating to the product’s pharmacology, chemistry, manufacture and controls.
−Removed: Under federal law, the submission of most NDAs is
−Removed: subject to a substantial application user fee, and the manufacturer or sponsor of an approved NDA is also subject to annual program fees.
−Removed: The FDA has 60 days from its receipt of an NDA to determine whether the application will be accepted for filing based on the agency’s
+Added: Under federal law, the submission of most NDAs is subject
+Added: to a substantial application user fee, and the manufacturer or sponsor of an approved NDA is also subject to annual program fees.
+Added: FDA has 60 days from its receipt of an NDA to determine whether the application will be accepted for filing based on the agency’s
threshold determination that it is sufficiently complete to permit its substantive review.
5 unchanged sentences
Once the submission is accepted for filing, the FDA begins an in-depth substantive review.
−Removed: Under the Prescription Drug User Fee Act,
−Removed: as amended, the FDA has agreed to certain performance goals for itself for the review of NDAs through a two-tiered classification system,
+Added: Under the Prescription Drug User Fee Act, as
+Added: amended, the FDA has agreed to certain performance goals for itself for the review of NDAs through a two-tiered classification system,
Standard Review and Priority Review.
1 unchanged sentence
if approved, would provide a significant improvement in safety or effectiveness over existing therapies.
−Removed: The FDA endeavors to review
−Removed: most applications subject to Standard Review within ten to twelve months whereas its goal is to complete most Priority Review applications
+Added: The FDA endeavors to review most
+Added: applications subject to Standard Review within ten to twelve months whereas its goal is to complete most Priority Review applications
within six to eight months, depending on whether the drug is a new molecular entity.
2 unchanged sentences
and to seek advice as to whether the application should be approved and under what conditions.
−Removed: Before approving an NDA, the FDA will
−Removed: typically inspect one or more clinical sites to assure compliance with GCP requirements.
−Removed: Additionally, the FDA will inspect the facility
−Removed: or the facilities at which the drug is manufactured.
−Removed: The FDA will not approve the NDA unless it determines that the manufacturing process
−Removed: and facilities are in compliance with cGMP requirements and are adequate to assure consistent production of the product within required
−Removed: specifications, and the NDA contains data that provide substantial evidence that the drug is safe and effective for the labeled indication.
+Added: Before approving an NDA, the FDA will typically
+Added: inspect one or more clinical sites to assure compliance with GCP requirements.
+Added: Additionally, the FDA will inspect the facility or the
+Added: facilities at which the drug is manufactured.
+Added: The FDA will not approve the NDA unless it determines that the manufacturing process and
+Added: facilities are in compliance with cGMP requirements and are adequate to assure consistent production of the product within required specifications,
+Added: and the NDA contains data that provide substantial evidence that the drug is safe and effective for the labeled indication.
After the FDA evaluates the NDA and the manufacturing
27 unchanged sentences
Further changes to some of the conditions established
−Removed: in an approved application, including changes in indications, labeling, or manufacturing processes or facilities, require submission
−Removed: and FDA approval of a new NDA or NDA supplement before the change can be implemented, which may require us to develop additional data
−Removed: or conduct additional preclinical studies and clinical trials.
−Removed: An NDA supplement for a new indication typically requires clinical data
−Removed: similar to that in the original application, and the FDA uses similar procedures in reviewing NDA supplements as it does in reviewing
−Removed: the original NDAs.
+Added: in an approved application, including changes in indications, labeling, or manufacturing processes or facilities, require submission and
+Added: FDA approval of a new NDA or NDA supplement before the change can be implemented, which may require us to develop additional data or conduct
+Added: additional preclinical studies and clinical trials.
+Added: An NDA supplement for a new indication typically requires clinical data similar to
+Added: that in the original application, and the FDA uses similar procedures in reviewing NDA supplements as it does in reviewing the original
Disclosure of Clinical Trial Information
1 unchanged sentence
products, including drugs, are required to register and disclose certain clinical trial information on www.clinical trials.gov.
−Removed: related to the product, subject population, phase of investigation, study sites and investigators, and other aspects of the clinical
−Removed: trial is then made public as part of the registration.
−Removed: Sponsors are also obligated to discuss certain results of their clinical trials
−Removed: after their completion.
−Removed: Disclosure of the results of these trials can be delayed until the new product or new indication being studied
−Removed: has been approved.
+Added: related to the product, subject population, phase of investigation, study sites and investigators, and other aspects of the clinical trial
+Added: is then made public as part of the registration.
+Added: Sponsors are also obligated to discuss certain results of their clinical trials after
+Added: their completion.
+Added: Disclosure of the results of these trials can be delayed until the new product or new indication being studied has been
Competitors may use this publicly available information to gain knowledge regarding the progress of development programs.
27 unchanged sentences
compliance with cGMPs.
−Removed: Regulatory authorities may withdraw product approvals or request product recalls if a company fails to comply
−Removed: with regulatory standards, if it encounters problems following initial marketing or if previously unrecognized problems are subsequently
−Removed: The FDA may also impose a REMS requirement on a drug already on the market if the FDA determines, based on new safety information,
−Removed: that a REMS is necessary to ensure that the drug’s benefits outweigh its risks.
−Removed: In addition, regulatory authorities may take other
−Removed: enforcement action, including, among other things, Warning or Untitled Letters, the seizure of products, injunctions, consent decrees
−Removed: placing significant restrictions on or suspending manufacturing operations, refusal to approve pending applications or supplements to
−Removed: approved applications, civil penalties and criminal prosecution.
+Added: Regulatory authorities may withdraw product approvals or request product recalls if a company fails to comply with
+Added: regulatory standards, if it encounters problems following initial marketing or if previously unrecognized problems are subsequently discovered.
+Added: The FDA may also impose a REMS requirement on a drug already on the market if the FDA determines, based on new safety information, that
+Added: a REMS is necessary to ensure that the drug’s benefits outweigh its risks.
+Added: In addition, regulatory authorities may take other enforcement
+Added: action, including, among other things, Warning or Untitled Letters, the seizure of products, injunctions, consent decrees placing significant
+Added: restrictions on or suspending manufacturing operations, refusal to approve pending applications or supplements to approved applications,
+Added: civil penalties and criminal prosecution.
The Hatch-Waxman Amendments
14 unchanged sentences
listed drugs.
−Removed: An ANDA is a comprehensive submission that contains, among other things, data and information pertaining to the active
−Removed: pharmaceutical ingredient (API), drug product formulation, specifications, and stability of the generic drug, as well as analytical methods,
−Removed: manufacturing process validation data and quality control procedures.
−Removed: Premarket applications for generic drugs are termed abbreviated
−Removed: because they generally do not include clinical data to demonstrate safety and effectiveness.
−Removed: However, a generic manufacturer is typically
−Removed: required to conduct bioequivalence studies of its test product against the listed drug.
−Removed: The bioequivalence studies for orally administered,
−Removed: systemically available drug products assess the rate and extent to which the API is absorbed into the bloodstream from the drug product
−Removed: and becomes available at the site of action.
−Removed: Bioequivalence is established when there is an absence of a significant difference in the
−Removed: rate and extent for absorption of the generic product and the reference listed drug.
−Removed: For some drugs, other means of demonstrating bioequivalence
−Removed: may be required by the FDA, especially where rate or extent of absorption are difficult or impossible to measure.
−Removed: The FDA will approve
−Removed: the generic product as suitable for an ANDA application if it finds that the generic product does not raise new questions of safety and
−Removed: effectiveness as compared to the reference listed drug.
−Removed: A product is not eligible for ANDA approval if the FDA determines that it is
−Removed: not bioequivalent to the reference listed drug, if it is intended for a different use, or if it is not subject to, and requires, an approved
−Removed: Suitability Petition.
+Added: An ANDA is a comprehensive submission that contains, among other things, data and information pertaining to the active pharmaceutical
+Added: ingredient (API), drug product formulation, specifications, and stability of the generic drug, as well as analytical methods, manufacturing
+Added: process validation data and quality control procedures.
+Added: Premarket applications for generic drugs are termed abbreviated because they generally
+Added: do not include clinical data to demonstrate safety and effectiveness.
+Added: However, a generic manufacturer is typically required to conduct
+Added: bioequivalence studies of its test product against the listed drug.
+Added: The bioequivalence studies for orally administered, systemically available
+Added: drug products assess the rate and extent to which the API is absorbed into the bloodstream from the drug product and becomes available
+Added: at the site of action.
+Added: Bioequivalence is established when there is an absence of a significant difference in the rate and extent for absorption
+Added: of the generic product and the reference listed drug.
+Added: For some drugs, other means of demonstrating bioequivalence may be required by the
+Added: FDA, especially where rate or extent of absorption are difficult or impossible to measure.
+Added: The FDA will approve the generic product as
+Added: suitable for an ANDA application if it finds that the generic product does not raise new questions of safety and effectiveness as compared
+Added: to the reference listed drug.
+Added: A product is not eligible for ANDA approval if the FDA determines that it is not bioequivalent to the reference
+Added: listed drug, if it is intended for a different use, or if it is not subject to, and requires, an approved Suitability Petition.
Orange Book Listing
7 unchanged sentences
product will expire prior to the marketing of the generic product, in which case the ANDA will not be finally approved by the FDA until
−Removed: the expiration of such patent or (iv) that any patent listed as covering the branded drug is invalid or will not be infringed by the
−Removed: manufacture, sale or use of the generic product for which the ANDA is submitted.
−Removed: A notice of the Paragraph IV certification must be provided
−Removed: to each owner of the patent that is the subject of the certification and to the holder of the approved NDA to which the ANDA or 505(b)(2)
−Removed: application refers.
−Removed: The applicant may also elect to submit a “section viii” statement certifying that its proposed label
−Removed: does not contain (or carves out) any language regarding the patented method-of-use rather than certify to a listed method-of-use patent.
+Added: the expiration of such patent or (iv) that any patent listed as covering the branded drug is invalid or will not be infringed by the manufacture,
+Added: sale or use of the generic product for which the ANDA is submitted.
+Added: A notice of the Paragraph IV certification must be provided to each
+Added: owner of the patent that is the subject of the certification and to the holder of the approved NDA to which the ANDA or 505(b)(2) application
+Added: The applicant may also elect to submit a “section viii” statement certifying that its proposed label does not contain
+Added: (or carves out) any language regarding the patented method-of-use rather than certify to a listed method-of-use patent.
If the reference NDA holder and patent owners
6 unchanged sentences
In addition to patent exclusivity, the holder
−Removed: of the NDA for the listed drug may be entitled to a period of non-patent exclusivity, during which the FDA cannot approve an ANDA or
−Removed: 505(b)(2) application that relies on the listed drug.
+Added: of the NDA for the listed drug may be entitled to a period of non-patent exclusivity, during which the FDA cannot approve an ANDA or 505(b)(2)
+Added: application that relies on the listed drug.
For example, for listed drugs that were considered
2 unchanged sentences
case the applicant may submit its application four years following the original product approval.
−Removed: A drug, including one approved under Section
−Removed: 505(b)(2), may obtain a three-year period of exclusivity for a particular condition of approval, or change to a marketed product, such
−Removed: as a new formulation for a previously approved product, if one or more new clinical studies (other than bioavailability or bioequivalence
−Removed: studies) was essential to the approval of the application and was conducted/sponsored by the applicant.
−Removed: In addition, drugs approved for
−Removed: diseases for which the patient population is sufficiently small, or orphan indications, may be entitled to a seven-year data exclusivity
+Added: A drug, including one approved under Section 505(b)(2),
+Added: may obtain a three-year period of exclusivity for a particular condition of approval, or change to a marketed product, such as a new formulation
+Added: for a previously approved product, if one or more new clinical studies (other than bioavailability or bioequivalence studies) was essential
+Added: to the approval of the application and was conducted/sponsored by the applicant.
+Added: In addition, drugs approved for diseases for which the
+Added: patient population is sufficiently small, or orphan indications, may be entitled to a seven-year data exclusivity period.
Pharmaceutical Coverage, Pricing and Reimbursement
4 unchanged sentences
status of products approved by the FDA and other government authorities.
−Removed: Thus, even if a product candidate is approved, sales of the
−Removed: product will depend, in part, on the extent to which third-party payors, including government health programs in the United States such
−Removed: as Medicare and Medicaid, commercial health insurers and managed care organizations, provide coverage, and establish adequate reimbursement
−Removed: levels for, the product.
−Removed: The process for determining whether a payor will provide coverage for a product may be separate from the process
−Removed: for setting the price or reimbursement rate that the payor will pay for the product once coverage is approved.
−Removed: Third-party payors are
−Removed: increasingly challenging the prices charged, examining the medical necessity, and reviewing the cost-effectiveness of medical products
−Removed: and services and imposing controls to manage costs.
−Removed: Third-party payors may limit coverage to specific products on an approved list, also
−Removed: known as a formulary, which might not include all of the approved products for a particular indication.
−Removed: In addition, third-party payors
−Removed: may impose prior authorization or step edit requirements requiring patients to have tried other therapies prior to our products for coverage.
−Removed: Payors may also decline to include our products or product candidates on their formulary, which means that unless healthcare providers
−Removed: seek a medical exception for coverage, the payors will not pay for the product.
−Removed: In order to secure coverage and reimbursement for any
−Removed: product that might be approved for sale, a company may need to conduct expensive pharmacoeconomic studies in order to demonstrate the
−Removed: medical necessity and cost-effectiveness of the product, in addition to the costs required to obtain FDA or other comparable marketing
+Added: Thus, even if a product candidate is approved, sales of the product
+Added: will depend, in part, on the extent to which third-party payors, including government health programs in the United States such as Medicare
+Added: and Medicaid, commercial health insurers and managed care organizations, provide coverage, and establish adequate reimbursement levels
+Added: for, the product.
+Added: The process for determining whether a payor will provide coverage for a product may be separate from the process for
+Added: setting the price or reimbursement rate that the payor will pay for the product once coverage is approved.
+Added: Third-party payors are increasingly
+Added: challenging the prices charged, examining the medical necessity, and reviewing the cost-effectiveness of medical products and services
+Added: and imposing controls to manage costs.
+Added: Third-party payors may limit coverage to specific products on an approved list, also known as a
+Added: formulary, which might not include all of the approved products for a particular indication.
+Added: In addition, third-party payors may impose
+Added: prior authorization or step edit requirements requiring patients to have tried other therapies prior to our products for coverage.
+Added: may also decline to include our products or product candidates on their formulary, which means that unless healthcare providers seek a
+Added: medical exception for coverage, the payors will not pay for the product.
+Added: In order to secure coverage and reimbursement for any product
+Added: that might be approved for sale, a company may need to conduct expensive pharmacoeconomic studies in order to demonstrate the medical
+Added: necessity and cost-effectiveness of the product, in addition to the costs required to obtain FDA or other comparable marketing approvals.
Nonetheless, product candidates may not be considered medically necessary or cost effective.
−Removed: A decision by a third-party payor
−Removed: not to cover a product candidate could reduce physician utilization once the product is approved and have a material adverse effect on
−Removed: sales, results of operations and financial condition.
−Removed: Additionally, a payor’s decision to provide coverage for a product does not
−Removed: imply that an adequate reimbursement rate will be approved.
+Added: A decision by a third-party payor not to
+Added: cover a product candidate could reduce physician utilization once the product is approved and have a material adverse effect on sales,
+Added: results of operations and financial condition.
+Added: Additionally, a payor’s decision to provide coverage for a product does not imply
+Added: that an adequate reimbursement rate will be approved.
Further, one payor’s determination to provide coverage for a drug product
9 unchanged sentences
drugs for “no less than 2 years” based on the drug’s Average Sales Price, or ASP, that will be in addition to the base
−Removed: The incremental cost associated with the addition of this class of drugs into the bundle will be assessed in the final year of
−Removed: the TDAPA and the base rate will be adjusted accordingly, and no further separate payment will be provided.
−Removed: Although there are several
−Removed: details that need further clarification, including precise timing related to receiving codes to allow for reimbursement under TDAPA,
−Removed: which are typically assigned on a quarterly basis, the rule provides some support for our assumption that all hyperphosphatemia drugs,
−Removed: including Oxylanthanum Carbonate, will be included in the ESRD PPS bundle and will be eligible for separate payment initially under TDAPA.
−Removed: The containment of healthcare costs also has
−Removed: become a priority of federal, state and foreign governments and the prices of drugs have been a focus in this effort.
−Removed: Governments have
−Removed: shown significant interest in implementing cost-containment programs, including price controls, restrictions on reimbursement and requirements
+Added: The incremental cost associated with the addition of this class of drugs into the bundle will be assessed in the final year of the
+Added: TDAPA and the base rate will be adjusted accordingly, and no further separate payment will be provided.
+Added: Although there are several details
+Added: that need further clarification, including precise timing related to receiving codes to allow for reimbursement under TDAPA, which are
+Added: typically assigned on a quarterly basis, the rule provides some support for our assumption that all hyperphosphatemia drugs, including
+Added: Oxylanthanum Carbonate, will be included in the ESRD PPS bundle and will be eligible for separate payment initially under TDAPA.
+Added: The containment of healthcare costs also has become
+Added: a priority of federal, state and foreign governments and the prices of drugs have been a focus in this effort.
+Added: Governments have shown
+Added: significant interest in implementing cost-containment programs, including price controls, restrictions on reimbursement and requirements
for substitution of generic products.
2 unchanged sentences
Coverage policies and third-party reimbursement rates may change at any time.
−Removed: Even if favorable coverage and reimbursement
−Removed: status is attained for one or more products for which a company or its collaborators receive marketing approval, less favorable coverage
−Removed: policies and reimbursement rates may be implemented in the future.
−Removed: Outside the United States, ensuring adequate coverage and payment
−Removed: for a product also involves challenges.
+Added: Even if favorable coverage and reimbursement status
+Added: is attained for one or more products for which a company or its collaborators receive marketing approval, less favorable coverage policies
+Added: and reimbursement rates may be implemented in the future.
+Added: Outside the United States, ensuring adequate coverage and payment for a product
+Added: also involves challenges.
Pricing of prescription pharmaceuticals is subject to governmental control in many countries.
−Removed: Pricing negotiations with governmental authorities can extend well beyond the receipt of regulatory marketing approval for a product
−Removed: and may require a clinical trial that compares the cost effectiveness of a product to other available therapies.
−Removed: The conduct of such
−Removed: a clinical trial could be expensive and result in delays in commercialization.
−Removed: In the European Union, pricing and reimbursement schemes
−Removed: vary widely from country to country.
+Added: Pricing negotiations
+Added: with governmental authorities can extend well beyond the receipt of regulatory marketing approval for a product and may require a clinical
+Added: trial that compares the cost effectiveness of a product to other available therapies.
+Added: The conduct of such a clinical trial could be expensive
+Added: and result in delays in commercialization.
+Added: In the European Union, pricing and reimbursement schemes vary widely from country to country.
Some countries provide that products may be marketed only after a reimbursement price has been agreed.
−Removed: Some countries may require the completion of additional studies that compare the cost-effectiveness of a particular drug candidate to
−Removed: currently available therapies or so-called health technology assessments, in order to obtain reimbursement or pricing approval.
−Removed: the European Union provides options for its member states to restrict the range of products for which their national health insurance
−Removed: systems provide reimbursement and to control the prices of medicinal products for human use.
−Removed: EU member states may approve a specific
−Removed: price for a product or they may instead adopt a system of direct or indirect controls on the profitability of the company placing the
−Removed: product on the market.
−Removed: Other member states allow companies to fix their own prices for products but monitor and control prescription
−Removed: volumes and issue guidance to physicians to limit prescriptions.
−Removed: Recently, many countries in the European Union have increased the amount
−Removed: of discounts required on pharmaceuticals and these efforts could continue as countries attempt to manage healthcare expenditures, especially
−Removed: in light of the severe fiscal and debt crises experienced by many countries in the European Union.
−Removed: The downward pressure on health care
−Removed: costs in general, particularly prescription drugs, has become intense.
−Removed: As a result, increasingly high barriers are being erected to the
−Removed: entry of new products.
−Removed: Political, economic, and regulatory developments may further complicate pricing negotiations, and pricing negotiations
−Removed: may continue after reimbursement has been obtained.
−Removed: Reference pricing used by various EU member states, and parallel trade, i.e., arbitrage
−Removed: between low-priced and high-priced member states, can further reduce prices.
−Removed: There can be no assurance that any country that has price
−Removed: controls or reimbursement limitations for pharmaceutical products will allow favorable reimbursement and pricing arrangements for any
−Removed: products, if approved in those countries.
+Added: Some countries may require the
+Added: completion of additional studies that compare the cost-effectiveness of a particular drug candidate to currently available therapies or
+Added: so-called health technology assessments, in order to obtain reimbursement or pricing approval.
+Added: For example, the European Union provides
+Added: options for its member states to restrict the range of products for which their national health insurance systems provide reimbursement
+Added: and to control the prices of medicinal products for human use.
+Added: EU member states may approve a specific price for a product or they may
+Added: instead adopt a system of direct or indirect controls on the profitability of the company placing the product on the market.
+Added: states allow companies to fix their own prices for products but monitor and control prescription volumes and issue guidance to physicians
+Added: to limit prescriptions.
+Added: Recently, many countries in the European Union have increased the amount of discounts required on pharmaceuticals
+Added: and these efforts could continue as countries attempt to manage healthcare expenditures, especially in light of the severe fiscal and
+Added: debt crises experienced by many countries in the European Union.
+Added: The downward pressure on health care costs in general, particularly prescription
+Added: drugs, has become intense.
+Added: As a result, increasingly high barriers are being erected to the entry of new products.
+Added: Political, economic,
+Added: and regulatory developments may further complicate pricing negotiations, and pricing negotiations may continue after reimbursement has
+Added: been obtained.
+Added: Reference pricing used by various EU member states, and parallel trade, i.e., arbitrage between low-priced and high-priced
+Added: member states, can further reduce prices.
+Added: There can be no assurance that any country that has price controls or reimbursement limitations
+Added: for pharmaceutical products will allow favorable reimbursement and pricing arrangements for any products, if approved in those countries.
Dialysis Organizations Protocols
6 unchanged sentences
formulary status within dialysis organizations may affect what products are prescribed within that specific organization.
−Removed: if a product is not on a formulary, the prescribers within that organization may be less likely to prescribe that product or may have
−Removed: a difficult time prescribing that product, resulting in less sales.
−Removed: Further, one dialysis organization’s determination to add a
−Removed: product to their formulary does not assure that other dialysis organizations will also add the product to theirs.
−Removed: There is always a risk
−Removed: a dialysis organization will not contract with a drug manufacturer for a specific product, resulting in that product not being on that
−Removed: organization’s formulary.
−Removed: Additionally, dialysis organizations typically assess a product’s efficacy before adding it to
−Removed: their formulary.
−Removed: Their process for assessing a product may differ among organizations and the timing of such assessment could delay adding
−Removed: such treatment to formulary, further affecting product sales.
+Added: Therefore, if
+Added: a product is not on a formulary, the prescribers within that organization may be less likely to prescribe that product or may have a difficult
+Added: time prescribing that product, resulting in less sales.
+Added: Further, one dialysis organization’s determination to add a product to their
+Added: formulary does not assure that other dialysis organizations will also add the product to theirs.
+Added: There is always a risk a dialysis organization
+Added: will not contract with a drug manufacturer for a specific product, resulting in that product not being on that organization’s formulary.
+Added: Additionally, dialysis organizations typically assess a product’s efficacy before adding it to their formulary.
+Added: Their process for
+Added: assessing a product may differ among organizations and the timing of such assessment could delay adding such treatment to formulary, further
+Added: affecting product sales.
Our ability to generate product revenue and achieve
1 unchanged sentence
those that may be in-licensed or acquired, which depends on several factors, including:
−Removed: adequate or favorable pricing and reimbursement from private and governmental payors for
−Removed: UNI-494, and any other product or product candidate, including those that may be in-licensed
−Removed: and maintaining market acceptance of Oxylanthanum Carbonate, UNI-494, and any other product
−Removed: candidate, including those that may be in-licensed or acquired;
−Removed: size of any market in which Oxylanthanum Carbonate, UNI-494, and any other product or product
−Removed: candidate, including those that may be in-licensed or acquired, receives approval and obtaining
−Removed: adequate market share in those markets;
−Removed: timing and scope of marketing approvals for Oxylanthanum Carbonate, UNI-494, and any other
−Removed: product candidate, if approved, including those that may be in-licensed or acquired;
−Removed: actual or perceived advantages
−Removed: or disadvantages of our products or product candidates as compared to alternative treatments, including their respective safety,
−Removed: tolerability and efficacy profiles, the potential convenience and ease of administration and cost;
−Removed: maintaining an acceptable
−Removed: safety and tolerability profile of our approved products, including the frequency and severity of any side effects;
−Removed: the willingness of the
−Removed: target patient population to try new therapies and of physicians to prescribe these therapies, based, in part, on their perception
−Removed: of our clinical trial data and/or the actual or perceived safety, tolerability and efficacy profile;
−Removed: ● establishing
−Removed: and maintaining supply and manufacturing relationships with third parties that can provide
−Removed: adequate supplies of products that are compliant with good manufacturing practices, or GMPs,
−Removed: to support the clinical development and the market demand for Oxylanthanum Carbonate, UNI-494,
−Removed: and any other product and product candidate, including those that may be in-licensed or acquired;
−Removed: and future restrictions or limitations on our approved or future indications and patient
−Removed: populations or other adverse regulatory actions or in the event that the FDA requires Risk
−Removed: Evaluation and Mitigation Strategies, or REMS, or risk management plans that use restrictive
−Removed: risk minimization strategies;
−Removed: effectiveness of our sales, marketing, manufacturing and distribution strategies and operations;
−Removed: effectively with any products for the same or similar indications as our products;
−Removed: ● maintaining,
−Removed: protecting and expanding our portfolio of intellectual property rights, including patents
−Removed: and trade secrets;
−Removed: impact of the COVID-19 pandemic on the above factors, including the disproportionate impact
−Removed: of the COVID-19 pandemic on CKD patients, the adverse impact on the phosphate binder market
−Removed: in which we compete, and the limitation of our sales professionals to meet in person with
−Removed: healthcare professionals as the result of travel restrictions or limitations on access for
−Removed: non-patients.
+Added: obtaining adequate or favorable pricing and reimbursement from private and governmental payors for UNI-494, and any other product or product candidate, including those that may be in-licensed or acquired;
+Added: obtaining and maintaining market acceptance of Oxylanthanum Carbonate, UNI-494, and any other product candidate, including those that may be in-licensed or acquired;
+Added: the size of any market in which Oxylanthanum Carbonate, UNI-494, and any other product or product candidate, including those that may be in-licensed or acquired, receives approval and obtaining adequate market share in those markets;
+Added: the timing and scope of marketing approvals for Oxylanthanum Carbonate, UNI-494, and any other product candidate, if approved, including those that may be in-licensed or acquired;
+Added: actual or perceived advantages or disadvantages of our products or product candidates as compared to alternative treatments, including their respective safety, tolerability and efficacy profiles, the potential convenience and ease of administration and cost;
+Added: maintaining an acceptable safety and tolerability profile of our approved products, including the frequency and severity of any side effects;
+Added: the willingness of the target patient population to try new therapies and of physicians to prescribe these therapies, based, in part, on their perception of our clinical trial data and/or the actual or perceived safety, tolerability and efficacy profile;
+Added: establishing and maintaining supply and manufacturing relationships with third parties that can provide adequate supplies of products that are compliant with good manufacturing practices, or GMPs, to support the clinical development and the market demand for Oxylanthanum Carbonate, UNI-494, and any other product and product candidate, including those that may be in-licensed or acquired;
+Added: current and future restrictions or limitations on our approved or future indications and patient populations or other adverse regulatory actions or in the event that the FDA requires Risk Evaluation and Mitigation Strategies, or REMS, or risk management plans that use restrictive risk minimization strategies;
+Added: the effectiveness of our sales, marketing, manufacturing and distribution strategies and operations;
+Added: competing effectively with any products for the same or similar indications as our products;
+Added: maintaining, protecting and expanding our portfolio of intellectual property rights, including patents and trade secrets;
+Added: the impact of the COVID-19 pandemic on the above factors, including the disproportionate impact of the COVID-19 pandemic on CKD patients, the adverse impact on the phosphate binder market in which we compete, and the limitation of our sales professionals to meet in person with healthcare professionals as the result of travel restrictions or limitations on access for non-patients.
Risks Related to Commercialization
17 unchanged sentences
of factors, including:
−Removed: availability of adequate coverage and reimbursement by and the availability of discounts,
−Removed: rebates, and price concessions from third party payors, pharmacy benefit managers, or PBMs,
−Removed: and governmental authorities;
−Removed: safety and efficacy of the product, as demonstrated in clinical trials and in the post-marketing
−Removed: prevalence and complications of the disease treated by the product;
−Removed: clinical indications for which the product is approved and the product label approved by
−Removed: regulatory authorities, including any warnings or limitations that may be required on the
−Removed: label as a consequence of potential safety risks associated with the product;
−Removed: countries in which marketing approvals are obtained;
−Removed: claims we and our collaborators are able to make regarding the safety and efficacy of the
−Removed: the success of our physician
−Removed: and patient communications and education programs;
−Removed: by physicians and patients of the product as a safe and effective treatment and the willingness
−Removed: of the target patient population to try new therapies and of physicians to prescribe new
−Removed: cost, safety and efficacy of the product in relation to alternative treatments;
−Removed: timing of receipt of marketing approvals and product launch relative to competing products
−Removed: and potential generic entrants;
−Removed: convenience and ease of administration;
−Removed: frequency and severity of adverse side effects;
−Removed: or adverse publicity about our products or favorable or adverse publicity about competing
−Removed: effectiveness of our and our collaborators’ sales, marketing, and distribution efforts.
+Added: the availability of adequate coverage and reimbursement by and the availability of discounts, rebates, and price concessions from third party payors, pharmacy benefit managers, or PBMs, and governmental authorities;
+Added: the safety and efficacy of the product, as demonstrated in clinical trials and in the post-marketing setting;
+Added: the prevalence and complications of the disease treated by the product;
+Added: the clinical indications for which the product is approved and the product label approved by regulatory authorities, including any warnings or limitations that may be required on the label as a consequence of potential safety risks associated with the product;
+Added: the countries in which marketing approvals are obtained;
+Added: the claims we and our collaborators are able to make regarding the safety and efficacy of the product;
+Added: the success of our physician and patient communications and education programs;
+Added: acceptance by physicians and patients of the product as a safe and effective treatment and the willingness of the target patient population to try new therapies and of physicians to prescribe new therapies;
+Added: the cost, safety and efficacy of the product in relation to alternative treatments;
+Added: the timing of receipt of marketing approvals and product launch relative to competing products and potential generic entrants;
+Added: relative convenience and ease of administration;
+Added: the frequency and severity of adverse side effects;
+Added: favorable or adverse publicity about our products or favorable or adverse publicity about competing products;
+Added: the effectiveness of our and our collaborators’ sales, marketing, and distribution efforts.
In order to market Oxylanthanum Carbonate and
9 unchanged sentences
we may not be able to retain our existing employees or hire new employees quickly enough to meet our needs.
−Removed: At the same time, we may
−Removed: face high turnover, requiring us to expend time and resources to source, train and integrate new employees.
−Removed: There are risks involved
−Removed: with building our own sales and marketing capabilities, including the following:
−Removed: inability to recruit, train and retain adequate numbers of effective sales and marketing
−Removed: lack of complementary products to be offered by sales personnel, which may put us at a competitive
−Removed: disadvantage relative to companies with more extensive product lines, and
−Removed: and expenses associated with maintaining our own sales and marketing organization.
+Added: At the same time, we may face
+Added: high turnover, requiring us to expend time and resources to source, train and integrate new employees.
+Added: There are risks involved with building
+Added: our own sales and marketing capabilities, including the following:
+Added: potential inability to recruit, train and retain adequate numbers of effective sales and marketing personnel;
+Added: potential lack of complementary products to be offered by sales personnel, which may put us at a competitive disadvantage relative to companies with more extensive product lines, and
+Added: costs and expenses associated with maintaining our own sales and marketing organization.
If we are unable to build our own sales and marketing
−Removed: capabilities, we will not be successful in commercializing Oxylanthanum Carbonate, UNI-494, and any other product candidate that may
−Removed: Furthermore, if we are unable to maintain our arrangements with third parties with respect to sales and marketing, if we
−Removed: are unsuccessful in entering into additional arrangements with third parties to sell and market our products or we are unable to do so
−Removed: on terms that are favorable to us, or if such third parties are unable to carry out their obligations under such arrangements, it will
−Removed: be difficult to successfully commercialize our product and product candidates, including Oxylanthanum Carbonate, if approved.
+Added: capabilities, we will not be successful in commercializing Oxylanthanum Carbonate, UNI-494, and any other product candidate that may be
+Added: Furthermore, if we are unable to maintain our arrangements with third parties with respect to sales and marketing, if we are
+Added: unsuccessful in entering into additional arrangements with third parties to sell and market our products or we are unable to do so on
+Added: terms that are favorable to us, or if such third parties are unable to carry out their obligations under such arrangements, it will be
+Added: difficult to successfully commercialize our product and product candidates, including Oxylanthanum Carbonate, if approved.
Our, or our partners’, failure to obtain
16 unchanged sentences
authority, third-party payor or PBM may depend upon a number of factors, including the determination that use of a product is:
−Removed: covered benefit under the health plan;
−Removed: effective, and medically necessary;
−Removed: ● appropriate
−Removed: for the specific patient;
+Added: a covered benefit under the health plan;
+Added: safe, effective, and medically necessary;
+Added: appropriate for the specific patient;
cost effective.
Obtaining coverage and reimbursement approval
−Removed: for a product from a governmental authority, PBM or a third-party payor is a time consuming and costly process that could require us
−Removed: to provide supporting scientific, clinical and cost-effectiveness data for the use of our products to the payor.
−Removed: In the United States,
−Removed: there are multiple governmental authorities, PBMs and third-party payors with varying coverage and reimbursement levels for pharmaceutical
−Removed: products, and the timing of commencement of reimbursement by a governmental payor can be dependent on the assignment of codes via the
−Removed: Healthcare Common Procedural Coding System, which codes are assigned on a quarterly basis.
−Removed: Within Medicare, for oral drugs dispensed
−Removed: by pharmacies and also administered in facilities, coverage and reimbursement may vary depending on the setting.
−Removed: CMS, local Medicare
−Removed: administrative contractors, Medicare Part D plans and/or PBMs operating on behalf of Medicare Part D plans, may have some responsibility
−Removed: for determining the medical necessity of such drugs, and therefore coverage, for different patients.
−Removed: Different reimbursement methodologies
−Removed: may apply, and CMS may have some discretion in interpreting their application in certain settings.
−Removed: Additionally, we may be required to
−Removed: enter into contracts with third party payors and/or PBMs offering rebates or discounts on our products in order to obtain favorable formulary
−Removed: status and we may not be able to agree upon commercially reasonable terms with such third party payors or PBMs, or provide data sufficient
−Removed: to obtain favorable coverage and reimbursement for many reasons, including that we may be at a competitive disadvantage relative to companies
+Added: for a product from a governmental authority, PBM or a third-party payor is a time consuming and costly process that could require us to
+Added: provide supporting scientific, clinical and cost-effectiveness data for the use of our products to the payor.
+Added: In the United States, there
+Added: are multiple governmental authorities, PBMs and third-party payors with varying coverage and reimbursement levels for pharmaceutical products,
+Added: and the timing of commencement of reimbursement by a governmental payor can be dependent on the assignment of codes via the Healthcare
+Added: Common Procedural Coding System, which codes are assigned on a quarterly basis.
+Added: Within Medicare, for oral drugs dispensed by pharmacies
+Added: and also administered in facilities, coverage and reimbursement may vary depending on the setting.
+Added: CMS, local Medicare administrative
+Added: contractors, Medicare Part D plans and/or PBMs operating on behalf of Medicare Part D plans, may have some responsibility for determining
+Added: the medical necessity of such drugs, and therefore coverage, for different patients.
+Added: Different reimbursement methodologies may apply,
+Added: and CMS may have some discretion in interpreting their application in certain settings.
+Added: Additionally, we may be required to enter into
+Added: contracts with third party payors and/or PBMs offering rebates or discounts on our products in order to obtain favorable formulary status
+Added: and we may not be able to agree upon commercially reasonable terms with such third party payors or PBMs, or provide data sufficient to
+Added: obtain favorable coverage and reimbursement for many reasons, including that we may be at a competitive disadvantage relative to companies
with more extensive product lines.
33 unchanged sentences
countries outside the United States, a drug must be approved for reimbursement before it can be marketed or sold in that country.
−Removed: some cases, the prices that we intend to charge for our products are also subject to approval.
−Removed: Approval by the EMA or another regulatory
−Removed: authority does not ensure approval by reimbursement authorities in that jurisdiction, and approval by one reimbursement authority outside
−Removed: the United States does not ensure approval by any other reimbursement authorities.
−Removed: However, the failure to obtain reimbursement in one
−Removed: jurisdiction may negatively impact our ability to obtain reimbursement in another jurisdiction.
−Removed: We may not be able to obtain such reimbursement
−Removed: approvals on a timely basis, if at all, and favorable pricing in certain countries depends on a number of factors, some of which are
−Removed: outside of our control.
−Removed: In addition, if Oxylanthanum Carbonate is approved outside of the United States, we plan to rely on a partner
−Removed: to obtain approval by reimbursement authorities outside the United States.
−Removed: If we are unsuccessful or delayed in entering into an agreement
−Removed: with a new partner, the launch of Oxylanthanum Carbonate following approval outside the United States may be delayed, which could have
−Removed: an adverse effect on our results of operations.
+Added: cases, the prices that we intend to charge for our products are also subject to approval.
+Added: Approval by the EMA or another regulatory authority
+Added: does not ensure approval by reimbursement authorities in that jurisdiction, and approval by one reimbursement authority outside the United
+Added: States does not ensure approval by any other reimbursement authorities.
+Added: However, the failure to obtain reimbursement in one jurisdiction
+Added: may negatively impact our ability to obtain reimbursement in another jurisdiction.
+Added: We may not be able to obtain such reimbursement approvals
+Added: on a timely basis, if at all, and favorable pricing in certain countries depends on a number of factors, some of which are outside of
+Added: In addition, if Oxylanthanum Carbonate is approved outside of the United States, we plan to rely on a partner to obtain approval
+Added: by reimbursement authorities outside the United States.
+Added: If we are unsuccessful or delayed in entering into an agreement with a new partner,
+Added: the launch of Oxylanthanum Carbonate following approval outside the United States may be delayed, which could have an adverse effect on
+Added: our results of operations.
We expect to face substantial competition,
which may result in others discovering, developing or commercializing products before, or more successfully than, we do.
−Removed: The development and commercialization of new
−Removed: drugs is highly competitive and subject to rapid and significant technological change.
+Added: The development and commercialization of new drugs
+Added: is highly competitive and subject to rapid and significant technological change.
Our future success depends on our ability to demonstrate
4 unchanged sentences
(sevelamer carbonate), both marketed by Sanofi, PhosLo® and Phoslyra® (calcium acetate), marketed by Fresenius Medical Care North
−Removed: America, Fosrenol® (lanthanum carbonate), marketed by Shire Pharmaceuticals Group plc, Velphoro® (sucroferric oxyhydroxide),
−Removed: marketed by Fresenius Medical Care North America, and Auryxia (ferric citrate), marketed by Akebia Therapeutics, Xphozah® (tenapanor),
−Removed: marketed by Ardelyx, as well as over-the-counter calcium carbonate products such as TUMS® and metal-based options such as aluminum,
−Removed: lanthanum and magnesium.
+Added: America, Fosrenol® (lanthanum carbonate), marketed by Shire Pharmaceuticals Group plc, Velphoro® (sucroferric oxyhydroxide), marketed
+Added: by Fresenius Medical Care North America, and Auryxia (ferric citrate), marketed by Akebia Therapeutics, Xphozah® (tenapanor), marketed
+Added: by Ardelyx, as well as over-the-counter calcium carbonate products such as TUMS® and metal-based options such as aluminum, lanthanum
+Added: and magnesium.
Most of the phosphate binders listed above are now also available in generic forms.
−Removed: In addition, other agents
−Removed: are in development, including OPKO Health Inc.’s Alpharen™ Tablets (fermagate tablets) that may impact the market for Oxylanthanum
+Added: In addition, other agents are in development,
+Added: including OPKO Health Inc.’s Alpharen™ Tablets (fermagate tablets) that may impact the market for Oxylanthanum Carbonate.
Smaller and other early-stage companies may also prove to be significant
8 unchanged sentences
other changes to the healthcare system of the United States.
−Removed: It is uncertain what other legislative proposals may be adopted or what
−Removed: actions federal, state, or private payors may take in response to any healthcare reform proposals or legislation.
−Removed: We cannot predict the
−Removed: effect such reforms may have on our business, and no assurance can be given that any such reforms will not have a material adverse effect.
+Added: It is uncertain what other legislative proposals may be adopted or what actions
+Added: federal, state, or private payors may take in response to any healthcare reform proposals or legislation.
+Added: We cannot predict the effect
+Added: such reforms may have on our business, and no assurance can be given that any such reforms will not have a material adverse effect.
By way of example, in March 2010, the Affordable
2 unchanged sentences
The law includes measures that (i) significantly increase Medicaid rebates through both
−Removed: the expansion of the program and significant increases in rebates, (ii) substantially expand the Public Health System (340B) program
−Removed: to allow other entities to purchase prescription drugs at substantial discounts, (iii) extend the Medicaid rebate rate to a significant
−Removed: portion of Managed Medicaid enrollees, (iv) assess a rebate on Medicaid Part D spending in the coverage gap for branded and authorized
−Removed: generic prescription drugs, and (v) levy a significant excise tax on the industry to fund the healthcare reform.
+Added: the expansion of the program and significant increases in rebates, (ii) substantially expand the Public Health System (340B) program to
+Added: allow other entities to purchase prescription drugs at substantial discounts, (iii) extend the Medicaid rebate rate to a significant portion
+Added: of Managed Medicaid enrollees, (iv) assess a rebate on Medicaid Part D spending in the coverage gap for branded and authorized generic
+Added: prescription drugs, and (v) levy a significant excise tax on the industry to fund the healthcare reform.
In addition to the changes brought about by the
8 unchanged sentences
that Congress or the Biden Administration intend to provide for such authorizations.
−Removed: The Biden administration has also undertaken
−Removed: other actions – and may continue to do so – signaling a change in policy from the prior Trump administration.
−Removed: Such activities
−Removed: include Executive Order 13992, revoking several Trump administration orders that had certain deregulatory effects, and a letter to the
−Removed: United Nations retracting the United States’ intent to withdraw from the World Health Organization.
−Removed: Other actions by the Biden
−Removed: administration and/or legislation passed by the new Congress could further impact the pharmaceutical and broader healthcare industries
−Removed: in ways that are difficult to predict but that could also materially impact our operations.
−Removed: We cannot predict what other healthcare reforms
−Removed: will ultimately be implemented at the federal or state level or the effect of any future legislation, executive action or regulation
−Removed: and, accordingly, face uncertainties that might result from additional reforms.
+Added: The Biden administration has also undertaken other
+Added: actions – and may continue to do so – signaling a change in policy from the prior Trump administration.
+Added: Such activities include
+Added: Executive Order 13992, revoking several Trump administration orders that had certain deregulatory effects, and a letter to the United
+Added: Nations retracting the United States’ intent to withdraw from the World Health Organization.
+Added: Other actions by the Biden administration
+Added: and/or legislation passed by the new Congress could further impact the pharmaceutical and broader healthcare industries in ways that are
+Added: difficult to predict but that could also materially impact our operations.
+Added: We cannot predict what other healthcare reforms will ultimately
+Added: be implemented at the federal or state level or the effect of any future legislation, executive action or regulation and, accordingly,
+Added: face uncertainties that might result from additional reforms.
At the state level, legislatures have increasingly
passed legislation and implemented regulations designed to control pharmaceutical product pricing, including price or patient reimbursement
−Removed: constraints, discounts, restrictions on certain product access and marketing cost disclosure and transparency measures, and, in some
−Removed: cases, designed to encourage importation from other countries and bulk purchasing.
+Added: constraints, discounts, restrictions on certain product access and marketing cost disclosure and transparency measures, and, in some cases,
+Added: designed to encourage importation from other countries and bulk purchasing.
Healthcare Regulations
11 unchanged sentences
on the one hand and prescribers, purchasers and formulary managers on the other.
−Removed: Although there are several statutory exceptions and
−Removed: regulatory safe harbors protecting certain common activities from prosecution, the exceptions and safe harbors are drawn narrowly, and
−Removed: practices that involve remuneration intended to induce prescribing, purchasing, or recommending may be subject to scrutiny if they do
−Removed: not qualify for an exception or safe harbor.
−Removed: In addition, a person or entity does not need to have actual knowledge of the statute or
−Removed: specific intent to violate it to have committed a violation.
−Removed: Moreover, the government may assert that a claim including items or services
−Removed: resulting from a violation of the federal Anti-Kickback Statute constitutes a false or fraudulent claim for purposes of the False Claims
−Removed: The penalties for violating the federal Anti-Kickback Statute include administrative civil money penalties, imprisonment for up
−Removed: to five years, fines of up to $25,000 per violation and possible exclusion from federal healthcare programs such as Medicare and Medicaid.
+Added: Although there are several statutory exceptions and regulatory
+Added: safe harbors protecting certain common activities from prosecution, the exceptions and safe harbors are drawn narrowly, and practices
+Added: that involve remuneration intended to induce prescribing, purchasing, or recommending may be subject to scrutiny if they do not qualify
+Added: for an exception or safe harbor.
+Added: In addition, a person or entity does not need to have actual knowledge of the statute or specific intent
+Added: to violate it to have committed a violation.
+Added: Moreover, the government may assert that a claim including items or services resulting from
+Added: a violation of the federal Anti-Kickback Statute constitutes a false or fraudulent claim for purposes of the False Claims Act.
+Added: The penalties
+Added: for violating the federal Anti-Kickback Statute include administrative civil money penalties, imprisonment for up to five years, fines
+Added: of up to $25,000 per violation and possible exclusion from federal healthcare programs such as Medicare and Medicaid.
The federal civil and criminal false claims laws,
27 unchanged sentences
investigation of a healthcare offense, and knowingly and willfully falsifying, concealing or covering up a material fact or making any
−Removed: materially false, fictitious or fraudulent statement in connection with the delivery of or payment for healthcare benefits, items or
−Removed: Like the federal Anti-Kickback Statute, the ACA amended the intent standard for certain healthcare fraud statutes under HIPAA
−Removed: such that a person or entity no longer needs to have actual knowledge of the statute or specific intent to violate it in order to have
−Removed: committed a violation.
+Added: materially false, fictitious or fraudulent statement in connection with the delivery of or payment for healthcare benefits, items or services.
+Added: Like the federal Anti-Kickback Statute, the ACA amended the intent standard for certain healthcare fraud statutes under HIPAA such that
+Added: a person or entity no longer needs to have actual knowledge of the statute or specific intent to violate it in order to have committed
Analogous state and foreign laws and regulations,
6 unchanged sentences
Sunshine laws, including the Federal Open Payments
−Removed: law enacted as part of the ACA, require pharmaceutical manufacturers to disclose payments and other transfers of value to physicians
−Removed: and certain other health care providers or professionals, and in the case of some state sunshine laws, restrict or prohibit certain such
−Removed: Pharmaceutical manufacturers are required to submit reports to the government by the 90 th day of each calendar
−Removed: Failure to submit the required information may result in civil monetary penalties of up to an aggregate of $100,000 per year, adjusted
−Removed: for inflation (or up to an aggregate of $1 million per year, adjusted for inflation for “knowing failures”) for all payments,
−Removed: transfers of value or ownership or investment interests not reported in an annual submission, and may result in liability under other
−Removed: federal laws or regulations.
−Removed: Certain states and foreign governments require the tracking and reporting of gifts, compensation and other
−Removed: remuneration to physicians.
+Added: law enacted as part of the ACA, require pharmaceutical manufacturers to disclose payments and other transfers of value to physicians and
+Added: certain other health care providers or professionals, and in the case of some state sunshine laws, restrict or prohibit certain such payments.
+Added: Pharmaceutical manufacturers are required to submit reports to the government by the 90 th day of each calendar year.
+Added: to submit the required information may result in civil monetary penalties of up to an aggregate of $100,000 per year, adjusted for inflation
+Added: (or up to an aggregate of $1 million per year, adjusted for inflation for “knowing failures”) for all payments, transfers
+Added: of value or ownership or investment interests not reported in an annual submission, and may result in liability under other federal laws
+Added: or regulations.
+Added: Certain states and foreign governments require the tracking and reporting of gifts, compensation and other remuneration
+Added: to physicians.
Privacy laws, such as the privacy regulations
5 unchanged sentences
Specifically, HIPAA, as amended by HITECH, and their respective implementing
−Removed: regulations, including the final omnibus rule published on January 25, 2013, imposes specified requirements relating to the privacy,
−Removed: security, and transmission of individually identifiable health information.
−Removed: Among other things, HITECH makes HIPAA’s privacy and
−Removed: security standards directly applicable to “business associates,” defined as independent contractors or agents of covered
−Removed: entities that create, receive, maintain, or transmit protected health information in connection with providing a service for or on behalf
−Removed: of a covered entity.
−Removed: HITECH also increased the civil and criminal penalties that may be imposed against covered entities, business associates
−Removed: and possibly other persons, and gave state attorneys general new authority to file civil actions for damages or injunctions in federal
−Removed: courts to enforce the federal HIPAA laws and seek attorney’s fees and costs associated with pursuing federal civil actions.
−Removed: addition, state laws govern the privacy and security of health information in certain circumstances, many of which differ from each other
−Removed: in significant ways, thus complicating compliance efforts.
+Added: regulations, including the final omnibus rule published on January 25, 2013, imposes specified requirements relating to the privacy, security,
+Added: and transmission of individually identifiable health information.
+Added: Among other things, HITECH makes HIPAA’s privacy and security
+Added: standards directly applicable to “business associates,” defined as independent contractors or agents of covered entities that
+Added: create, receive, maintain, or transmit protected health information in connection with providing a service for or on behalf of a covered
+Added: HITECH also increased the civil and criminal penalties that may be imposed against covered entities, business associates and possibly
+Added: other persons, and gave state attorneys general new authority to file civil actions for damages or injunctions in federal courts to enforce
+Added: the federal HIPAA laws and seek attorney’s fees and costs associated with pursuing federal civil actions.
+Added: In addition, state laws
+Added: govern the privacy and security of health information in certain circumstances, many of which differ from each other in significant ways,
+Added: thus complicating compliance efforts.
The FDA regulates the sale and marketing of prescription
20 unchanged sentences
In the event that a government authority challenges
−Removed: or finds ambiguity with regard to our report of payments, such authority may impose civil and criminal sanctions, which could have a
−Removed: material adverse effect on our business.
+Added: or finds ambiguity with regard to our report of payments, such authority may impose civil and criminal sanctions, which could have a material
+Added: adverse effect on our business.
From time to time we conduct routine reviews of our government pricing calculations.
−Removed: These reviews
−Removed: may have an impact on government price reporting and rebate calculations used to comply with various government regulations regarding
−Removed: reporting and payment obligations.
+Added: These reviews may
+Added: have an impact on government price reporting and rebate calculations used to comply with various government regulations regarding reporting
+Added: and payment obligations.
Many governments and third-party payors reimburse
16 unchanged sentences
to comply with these laws, there is uncertainty about future changes in legislation and government enforcement of these laws.
−Removed: to comply could result in fines or penalties, as well as loss of business that could have a material adverse effect on our financial
+Added: to comply could result in fines or penalties, as well as loss of business that could have a material adverse effect on our financial results.
Federal Regulation of Patent Litigation Settlements and Authorized
22 unchanged sentences
stringent federal, state and local environmental laws and regulations concerning, among other things, the generation, handling, storage,
−Removed: transportation, treatment and disposal of toxic and hazardous substances, the discharge of pollutants into the air and water and the
−Removed: cleanup of contamination.
−Removed: We are required to maintain and comply with environmental permits and controls for some of our operations,
−Removed: and these permits are subject to modification, renewal and revocation by the issuing authorities.
−Removed: Our environmental capital expenditures
−Removed: and costs for environmental compliance may increase in the future as a result of changes in environmental laws and regulations or increased
−Removed: manufacturing activities at any of our facilities.
−Removed: We could incur significant costs or liabilities as a result of any failure to comply
−Removed: with environmental laws, including fines, penalties, third-party claims and the costs of undertaking a clean-up at a current or former
−Removed: site or at a site to which our wastes were transported.
−Removed: In addition, we have grown in part by acquisition, and our diligence may not
−Removed: have identified environmental impacts from historical operations at sites we have acquired in the past or may acquire in the future.
−Removed: As of March 28, 2024, we had 14 full-time employees and no part-time
+Added: transportation, treatment and disposal of toxic and hazardous substances, the discharge of pollutants into the air and water and the cleanup
+Added: of contamination.
+Added: We are required to maintain and comply with environmental permits and controls for some of our operations, and these
+Added: permits are subject to modification, renewal and revocation by the issuing authorities.
+Added: Our environmental capital expenditures and costs
+Added: for environmental compliance may increase in the future as a result of changes in environmental laws and regulations or increased manufacturing
+Added: activities at any of our facilities.
+Added: We could incur significant costs or liabilities as a result of any failure to comply with environmental
+Added: laws, including fines, penalties, third-party claims and the costs of undertaking a clean-up at a current or former site or at a site
+Added: to which our wastes were transported.
+Added: In addition, we have grown in part by acquisition, and our diligence may not have identified environmental
+Added: impacts from historical operations at sites we have acquired in the past or may acquire in the future.
+Added: As of March 28, 2025, we had 22 full-time employees
+Added: and one part-time employee.
We are not a party to any collective bargaining agreements.
−Removed: We believe that we maintain good relations with our employees.
+Added: We believe that we maintain good relations with
+Added: our employees.
Our Corporate History
7 unchanged sentences
is included in this document as an inactive textual reference only.
−Removed: We make our filings with the SEC, including our Annual Report on
−Removed: Form 10-K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K and all amendments to those reports, available free of charge
−Removed: on our website as soon as reasonably practicable after we file such reports with, or furnish such reports to, the SEC.
−Removed: The public may
−Removed: read and copy the materials we file with the SEC at the SEC’s Public Reference Room at 100 F Street, NE, Washington, DC 20549.
−Removed: The public may obtain information on the operation of the Public Reference Room by calling the SEC at 1-800-SEC-0330.
−Removed: Additionally, the
−Removed: SEC maintains an internet site that contains reports, proxy and information statements and other information.
−Removed: The address of the SEC’s
−Removed: website is www.sec.gov .
+Added: We make our filings with the SEC, including our Annual Report on Form
+Added: 10-K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K and all amendments to those reports, available free of charge on our
+Added: website as soon as reasonably practicable after we file such reports with, or furnish such reports to, the SEC.
+Added: The public may read and
+Added: copy the materials we file with the SEC at the SEC’s Public Reference Room at 100 F Street, NE, Washington, DC 20549.
+Added: may obtain information on the operation of the Public Reference Room by calling the SEC at 1-800-SEC-0330.
+Added: Additionally, the SEC maintains
+Added: an internet site that contains reports, proxy and information statements and other information.
+Added: The address of the SEC’s website
+Added: is www.sec.gov .
The information contained in the SEC’s website is not intended to be a part of this filing.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.