Financial Performance - The company has incurred net losses of $72.1 million and $26.0 million for the years ended December 31, 2020 and 2019, respectively, with an accumulated deficit of $143.8 million as of December 31, 2020[141]. - The company has never generated any revenue from product sales and may never achieve profitability[144]. - As of December 31, 2020, the company had unrestricted cash and cash equivalents of $462.9 million, which is expected to be utilized for ongoing clinical trials and administrative costs[149]. - As of December 31, 2020, the company had approximately $463.0 million in cash and cash equivalents, expected to fund operations for at least the next twelve months[152]. - The company has $15.1 million outstanding under a loan agreement with Western Alliance Bank, which bears a variable interest rate of 1.25% above the prime rate[153]. - The company does not intend to pay dividends on common stock, focusing instead on retaining earnings for business development and expansion[260]. - The ability to utilize net operating loss carryforwards may be limited due to potential ownership changes, impacting future tax liabilities[259]. - The company anticipates needing significant additional capital in the future, which may lead to substantial dilution for existing shareholders[270]. Research and Development - The company anticipates significant increases in research and development expenses as it advances product candidates through clinical trials[149]. - The Phase 3 trial of the LUNAR-COV19 vaccine candidate is expected to be primarily funded through cash reserves[149]. - The company needs to secure significant funding to complete Phase 3 studies of its LUNAR-COV19 vaccine candidate, ARCT-021[152]. - The company recently commenced a Phase 2 clinical trial for ARCT-021 and expects to start a Phase 3 trial in Q2 2021, with ongoing monitoring into 2022[161]. - The company has allocated significant resources to the testing and development of LUNAR-COV19 and LUNAR-OTC vaccine candidates, which may not yield commercially viable products[190]. Competition and Market Challenges - The company faces significant competition in the development of COVID-19 vaccines, with competitors having greater resources[131]. - The company faces significant competition in the COVID-19 vaccine market, with competitors like Pfizer and Moderna already commercializing their vaccines[162]. - The rollout of competing COVID-19 vaccines has resulted in slower than expected enrollment for the Phase 2 study of the LUNAR-COV19 vaccine candidate[178]. - The company faces competition from established therapies for OTC deficiency, including sodium benzoate and sodium phenylbutyrate, which may limit demand for its products[226]. - The introduction of new products or technologies by competitors could adversely affect the company's market position and financial performance[263]. Regulatory and Compliance Risks - The company has no products approved for commercial marketing, and all product candidates are in preclinical or clinical development stages[166]. - The success of the company’s product candidates depends on various factors, including successful clinical trial results and obtaining regulatory approvals[167]. - Delays in obtaining marketing approval for product candidates could occur if additional clinical trials are required or if results are not positive[176]. - Regulatory authorities may impose significant restrictions on the indicated uses or marketing of product candidates even after obtaining approval[186]. - Compliance with environmental, health, and safety laws is critical, as violations could lead to fines or penalties that adversely affect business success[191]. - The company is subject to various healthcare fraud and abuse laws, which could result in significant penalties if compliance is not maintained[243]. - The federal False Claims Act (FCA) imposes penalties ranging from $11,665 to $23,331 per false claim or statement, which can significantly impact the healthcare industry[244]. - The Affordable Care Act (ACA) introduced provisions that may reduce drug product profitability, including changes to Medicaid rebate methodologies and annual fees based on market share[252]. - The company anticipates that future healthcare reforms may lead to more rigorous coverage criteria and lower reimbursement rates, impacting revenue from product candidates[250]. Operational Risks - The ongoing COVID-19 pandemic has caused interruptions and delays in the company's business plan, impacting clinical trials and patient enrollment[146]. - The company may need to seek additional funding to support operations, which may not be available on acceptable terms[149]. - The company may incur additional costs or experience delays in product development if clinical trials are not successful[132]. - The company may face challenges in obtaining and protecting intellectual property rights, which are crucial for competitive positioning in the market[209]. - The company may experience difficulties in managing growth as it expands its workforce, which could disrupt operations and affect financial performance[239]. - Employee misconduct poses a risk, potentially leading to regulatory sanctions and reputational harm[241]. Intellectual Property - The company owns over 209 patents and pending patent applications, including 33 U.S. patents and 68 foreign patents[211]. - The company may face significant challenges in protecting its intellectual property rights, particularly in foreign markets where protections may be weaker[213]. - The company is at risk of third-party claims of intellectual property infringement, which could delay or prevent the commercialization of its product candidates[214]. - The company’s patents have a limited lifespan, generally expiring 20 years after filing, which could expose it to competition from generic medications[211]. - The company may incur substantial costs and distractions from litigation related to the enforcement of its patents or defending against infringement claims[217]. Supply Chain and Manufacturing Risks - The company has a single supplier for two critical components of its LUNAR-COV19 drug candidate, located in China, which poses risks to commercialization efforts[205]. - Manufacturing issues could arise during scale-up, potentially increasing costs and delaying regulatory approvals[207]. - The company depends on third-party manufacturers for clinical supplies, which may lead to quality issues and delays in product availability[200]. - Reliance on third-party clinical research organizations (CROs) may result in unsatisfactory performance, impacting the timely conduct of clinical trials[208]. - Disruptions in the supply chain for raw materials could delay the development and commercialization of product candidates[204]. Market Acceptance and Sales - The commercial success of the company's product candidates will depend on their acceptance by the medical community, influenced by clinical safety, efficacy, and ease of administration[227]. - Market acceptance will also be affected by pricing, cost-effectiveness, and the effectiveness of sales and marketing strategies[229]. - The company currently lacks a sales and marketing organization, which may hinder revenue generation if it cannot establish these capabilities or form strategic alliances[232]. - Coverage and adequate reimbursement for the company's product candidates are uncertain, which could impact profitability and market acceptance[235]. Stock and Securities Risks - The common stock is currently listed on Nasdaq, and failure to meet the minimum bid price requirement of $1.00 per share could result in delisting[271]. - The company may face significant volatility in its common stock price due to various factors, including adverse clinical trial results and regulatory delays[261]. - A total of 6,631,712 shares were issued to former shareholders of Arcturus Therapeutics, which may be sold under Rule 144, potentially impacting stock price[269]. - The perception of the pharmaceutical industry by the public and investors may impact the company's stock price and market performance[263]. - Compliance with public company regulations may strain resources and divert management's attention, increasing legal and financial compliance costs[265]. - The company is at risk of securities class action litigation, particularly due to reliance on clinical trial outcomes[268].
Arcturus Therapeutics(ARCT) - 2020 Q4 - Annual Report