
Financial Performance - The company incurred net losses of approximately $9.6 million and $7.9 million for the years ended December 31, 2022, and 2021, respectively, with an accumulated deficit of approximately $45.6 million as of December 31, 2022[172]. - As of December 31, 2022, the company had capital resources consisting of cash and cash equivalents of $6.2 million, which is expected to fund operations into the third quarter of 2023[176]. - The company has never generated revenue from operations and is unlikely to do so for several years, anticipating significant increases in operating costs related to clinical development[172]. - The company will require additional capital to fund operations, with anticipated expenditures for product candidates exceeding existing cash resources[178]. - The independent auditors expressed substantial doubt about the company's ability to continue as a going concern in their reports for the fiscal years ended December 31, 2022, and 2021[185]. Regulatory and Compliance Risks - The company may face significant costs and uncertainties associated with compliance with extensive governmental regulations affecting its operations[173]. - The company is subject to ongoing regulatory review and compliance obligations, including potential costly post-approval studies and surveillance[232]. - The company must comply with stringent marketing regulations, and any off-label promotion could lead to significant penalties and harm its reputation[244]. - The company faces risks related to adverse government regulation that could delay or prevent regulatory approval of its product candidates[233]. - The FDA and foreign regulatory bodies have substantial discretion in the approval process, which could delay or deny approval of product candidates, adversely impacting commercialization and revenue generation[211][219]. Product Development and Clinical Trials - The company is a pre-revenue clinical-stage biopharmaceutical entity facing substantial risks and uncertainties in developing and commercializing its product candidates, DMT310 and DMT410[169]. - Clinical trials are inherently uncertain, and many product candidates that enter trials do not receive regulatory approval, posing a risk to the company's business model[200]. - The company has not yet completed all clinical trials for its product candidates and may face additional requirements from the FDA that could alter clinical plans or necessitate reformulation[201]. - The company currently has no products approved for sale and may never obtain regulatory approval for its product candidates[212]. - The company announced topline results from its Phase 2 trial of DMT310 for moderate-to-severe rosacea, which did not meet its primary endpoints, leading to the decision to discontinue further development for this indication[250]. Market and Competitive Risks - The company is subject to risks related to competition from both brand and generic companies, which could limit growth and adversely affect financial results[173]. - The company anticipates facing significant competition from other approved therapies and unregulated treatments, which could pressure pricing and market share for its product candidates[228]. - The company may face generic competition upon patent expiration, which could significantly reduce sales and adversely affect financial performance[229]. - The company may need to raise additional capital through equity offerings or debt financings, which could dilute existing shareholders' interests[182]. - The market for the company's product candidates will depend significantly on access to third-party payors' drug formularies, which may lead to pricing pressures[253]. Supply Chain and Manufacturing Risks - The company relies on a limited number of product candidates, and failure to obtain regulatory approval for these could materially adversely affect its business[173]. - The company relies on a single supplier for the raw material used in DMT310 and DMT410, and any disruption in this supply could adversely affect product development and business operations[278]. - The company does not have the infrastructure to supply, manufacture, or distribute drug substances or products, relying entirely on third-party suppliers[289]. - Any interruption in the supply of raw materials or manufacturing could materially adversely affect the company's business and financial condition[291]. - The company relies on third-party contract research organizations (CROs) for clinical trials, which poses risks if these parties do not meet requirements or timelines[286]. Intellectual Property Risks - The ability to obtain and enforce patent rights is uncertain, which may allow third parties to compete against the company[332]. - The patent application process is expensive and time-consuming, potentially hindering the ability to secure necessary patent protections[335]. - The company is at risk of patent infringement claims from third parties, which could be costly and time-consuming, potentially impacting operating results[356]. - The company may need to seek licenses from third parties to avoid infringement claims, which may not be available on commercially acceptable terms[357]. - The company has agreed to indemnify certain third-party licensors against claims of infringement, which could lead to additional financial liabilities[360]. Operational and Management Risks - The company is highly dependent on key personnel, and the loss of any significant individuals could impede the development of its product pipeline[307]. - The company faces risks related to managing growth, including the need to attract and retain qualified employees amid intense competition in the biotechnology sector[308]. - The company may incur substantial costs related to acquisitions and integrations, which could adversely affect its financial condition[315]. - The company must establish effective sales, marketing, and distribution capabilities to successfully commercialize its product candidates[311]. - The company's operating results and liquidity could be negatively affected by economic conditions, particularly in the discretionary medical products market[65].