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PULM US Equity

Pulmatrix, Inc.Health Care · Pharmaceutical Preparations · CIK 1574235 · FY ends Dec 31
$1.52
-0.03 (-1.94%)
USD · as of 2026-08-19 · marketstack

PULM · 10-K · period ended 2022-12-31

← all PULM documents
filed 2023-03-30 · EDGAR original ↗

Our rendering of the filing — original pagination and typography are not reproduced, and tables are reduced to their short label cells (the figures live on FA). Nothing is summarized: every line below is the filing's own text.

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UNITED

STATES

SECURITIES

AND EXCHANGE COMMISSION

Washington,

D.C. 20549

FORM

10-K

(Mark

One)

For

the fiscal year ended December 31, 2022

or

For

the transition period from __________to _____________

Commission

file number: 001-36199

PULMATRIX,

INC.

(Exact

name of registrant as specified in its charter)

99 Hayden Avenue, Suite 390

(Address of principal executive offices) (Zip Code)

Registrant’s

telephone number, including area code (781) 357-2333

Securities

registered pursuant to Section 12(b) of the Exchange Act:

Title of each class Trading Symbol(s) Name of each exchange on which registered

Common Stock, par value $0.0001 per share PULM The NASDAQ Stock Market LLC

Securities

registered pursuant to Section 12(g) of the Exchange Act: None

Indicate

by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes ☐ No ☒

Indicate

by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Exchange Act. Yes ☐

No ☒

Indicate

by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange

Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2)

has been subject to such filing requirements for the past 90 days. Yes ☒ No ☐

Indicate

by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule

405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant

was required to submit such files). Yes ☒ No ☐

Indicate

by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, a smaller reporting

company or an emerging growth company. See the definitions of “large accelerated filer,” “accelerated filer”,

“smaller reporting company” and “emerging growth company” in Rule 12b-2 of the Exchange Act.

Large accelerated filer ☐ Accelerated filer ☐

Non-accelerated filer ☒ Smaller reporting company ☒

Emerging growth company ☐

If

an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying

with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act ☐

Indicate

by check mark whether the registrant has filed a report on and attestation to its management’s assessment of the effectiveness

of its internal control over financial reporting under Section 404(b) of the Sarbanes-Oxley Act (15 U.S.C. 7262(b)) by the registered

public accounting firm that prepared or issued its audit report. Yes ☐ No ☒

If

securities are registered pursuant to Section 12(b) of the Act, indicate by check mark whether the financial statements of the registrant

included in the filing reflect the correction of an error to previously issued financial statements. ☐

Indicate

by check mark whether any of those error corrections are restatements that required a recovery analysis of incentive-based compensation

received by any of the registrant’s executive officers during the relevant recovery period pursuant to §240.10D-1(b). ☐

Indicate by check mark whether the registrant

is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes ☐ No ☒

The

aggregate market value of the registrant’s voting and non-voting common equity held by non-affiliates computed by reference to

the price at which the common equity was last sold, as of June 30, 2022, the last business day of registrant’s most recently completed

second fiscal quarter, was $15,546,729.

As

of March 27, 2023, the registrant had 3,652,285 shares of common stock, par value $0.0001 per share, issued and outstanding.

DOCUMENTS

INCORPORATED BY REFERENCE

None.

PULMATRIX,

INC.

TABLE

OF CONTENTS

Page No.

Forward-Looking Statements 1

PART I

Item 1. Business. 2

Item 1A. Risk Factors. 19

Item 1B. Unresolved Staff Comments. 40

Item 2. Properties. 40

Item 3. Legal Proceedings. 40

Item 4. Mine Safety Disclosures. 40

PART II

Item 6. Reserved. 41

Item 7A. Quantitative and Qualitative Disclosures About Market Risk. 51

Item 8. Financial Statements and Supplementary Data. 51

Item 9A. Controls and Procedures. 52

Item 9B. Other Information. 52

Item 9C. Disclosure Regarding Foreign Jurisdictions that Prevent Inspections. 52

PART III

Item 10. Directors, Executive Officers and Corporate Governance. 53

Item 11. Executive Compensation. 59

Item 14. Principal Accountant Fees and Services. 66

PART IV

Item 15. Exhibits, Financial Statement Schedules. 67

Signatures 72

i

PART

I

Forward-Looking

Statements

This

Annual Report on Form 10-K contains forward-looking statements. All statements other than statements of historical fact contained herein,

including statements regarding our business plans or strategies, projected or anticipated benefits or other consequences of our plans

or strategies, projected or anticipated benefits from acquisitions to be made by us, or projections involving anticipated revenues, earnings,

or other aspects of our operating results, are forward-looking statements. Words such as “anticipates,” “assumes,”

“believes,” “can,” “could,” “estimates,” “expects,” “forecasts,”

“guides,” “intends,” “is confident that,” “may,” “plans,” “seeks,”

“projects,” “targets,” and “would,” and their opposites and similar expressions, as well as statements

in future tense, are intended to identify forward-looking statements. Forward-looking statements should not be read as a guarantee of

future performance or results and may not be accurate indications of when such performance or results will actually be achieved. Forward-looking

statements are based on information we have when those statements are made or our management’s good faith belief as of that time

with respect to future events and are subject to risks and uncertainties that could cause actual performance or results to differ materially

from those expressed in or suggested by the forward-looking statements. Important factors that could cause such differences include,

but are not limited to:

● our inability to carry out research, development and commercialization plans;

● termination of certain license agreements;

● adverse market and economic conditions;

● loss of one or more key executives or scientists; and

● difficulties in securing regulatory approval to market our product candidates.

For

a more detailed discussion of these and other risks that may affect our business and that could cause our actual results to differ from those projected in these forward-looking statements, see the risk factors and uncertainties described under the heading

“Risk Factors” in Part I, Item 1A of this Annual Report on Form 10-K. The forward-looking statements contained in this Annual

Report on Form 10-K are expressly qualified in their entirety by this cautionary statement. We do not undertake any obligation to update

any forward-looking statement to reflect events or circumstances after the date on which any such statement is made or to reflect the

occurrence of unanticipated events, except as required by law.

Unless

otherwise stated, references in this Annual Report on Form 10-K to “us,” “we,” “our,” or “Company”

refer to Pulmatrix, Inc., a Delaware corporation.

“iSPERSETM”

is one of our trademarks used in this Annual Report on Form 10-K. Other trademarks appearing in this report are the property of their

respective holders. Solely for convenience, these and other trademarks, trade names and service marks referred to in this report appear

without the ®, TM and SM symbols, but those references are not intended to indicate, in any way, we or the owners of such

trademarks will not assert, to the fullest extent under applicable law, their rights to these trademarks and trade names.

ITEM 1. BUSINESS.

Overview

We

are a clinical-stage biotechnology company focused on the discovery and development of novel inhaled therapeutic products intended to

prevent and treat respiratory and other diseases with significant unmet medical needs using its patented iSPERSETM technology.

The Company’s proprietary product pipeline includes treatments for serious lung diseases, such as allergic bronchopulmonary aspergillosis

(“ABPA”) and Chronic Obstructive Pulmonary Disease (“COPD”), and central nervous system (“CNS”) disorders

such as acute migraine. Our product candidates are based on its proprietary engineered dry powder delivery platform, iSPERSETM,

which seeks to improve therapeutic delivery to the lungs by maximizing local concentrations and reducing systemic side effects to improve

patient outcomes.

We

design and develop inhaled therapeutic products based on our proprietary dry powder delivery technology, iSPERSETM

(inhaled Small Particles Easily Respirable and Emitted), which enables delivery of small or large molecule drugs to the lungs by inhalation

for local or systemic applications. The iSPERSETM powders are engineered to be small, dense particles with highly

efficient dispersibility and delivery to airways. iSPERSETM powders can be used with an array of dry powder inhaler

technologies and can be formulated with a broad range of drug substances including small molecules and biologics. We believe the iSPERSETM

dry powder technology offers enhanced drug loading and delivery efficiency that outperforms traditional lactose-blend inhaled

dry powder therapies.

We

believe the advantages of using the iSPERSETM technology include reduced total inhaled powder mass, enhanced dosing

efficiency, reduced cost of goods, and improved safety and tolerability profiles.

We

were incorporated in 2013 as a Delaware corporation.

Business

Strategy

Our

goal is to develop breakthrough therapeutic products that are safe, convenient, and more effective than the existing therapeutic products

for respiratory and other diseases where iSPERSETM properties are advantageous.

Our

current pipeline is aligned to this goal as we develop iSPERSETM-based therapeutic candidates which target

the prevention and treatment of a range of diseases, including CNS disorders and pulmonary diseases. These therapeutic candidates

include PUR1900 for the treatment of ABPA in patients with asthma and in patients with cystic fibrosis (“CF”), PUR3100

for the treatment of acute migraine, and PUR1800 for the treatment of acute exacerbations of chronic obstructive pulmonary disease

(“AECOPD”). Each program is enabled by its unique

iSPERSETM formulation designed to achieve specific therapeutic objectives.

We

intend to capitalize on our iSPERSETM technology platform and our expertise in inhaled therapeutics to identify

new product candidates for the prevention and treatment of diseases with significant unmet medical needs and to build our product pipeline

beyond our existing candidates. In order to advance clinical trials for our therapeutic candidates and leverage the iSPERSETM

platform to enable delivery of partnered compounds, we intend to form strategic alliances with third parties, including pharmaceutical

and biotechnology companies or academic or private research institutes.

We

expect to continue to incur significant expenses and operating losses for at least the next several years based on our drug development

plans. We expect our expenses and capital requirements will increase substantially in connection with our ongoing activities, as we:

We

will continue to direct resources to advance the research and development of PUR1900 for ABPA in patients with asthma and CF. In

2018, we completed a Phase 1 study of PUR1900 in normal healthy volunteers and asthma patients. In 2019, we began a Phase 2 study of

PUR1900 with patients with asthma and are suffering from ABPA but stopped the Phase 2 study due to the COVID-19 pandemic and its

impact on enrollment. In January 2021, we conducted a Type C meeting with the U.S Food and Drug Administration (“FDA”)

to discuss our plans for a Phase 2b study. Utilizing the FDA feedback, we advanced PUR1900 into a new Phase 2b

efficacy study that includes a sixteen-week dosing regimen with potential registration efficacy endpoints, rather than the four-week dosing regimen in the terminated Phase 2 safety biomarker study. The current Phase 2b study began dosing patients in the first

quarter of 2023. The PUR1900 Phase 2b study is anticipated to deliver topline data in mid-2024.

We

developed PUR3100, an iSPERSETM formulation of DHE in 2020. We completed GLP toxicology studies in 2021 and 2022.

On September 26, 2022, we announced the completion of patient dosing in a Phase 1 trial evaluating PUR3100, a novel pulmonary inhaled

formulation for the treatment of acute migraine. On January 4, 2023, we announced PUR3100 was safe and all doses had fewer GI side effects

compared to intravenous (“IV”) DHE. PUR3100 demonstrated a five-minute Tmax and Cmax within the targeted

therapeutic range for all three doses tested. The Phase 1 study design was a double-dummy, double-blinded trial to assess the safety,

tolerability, and pharmacokinetics of three dose levels of single doses of inhaled PUR3100 with IV placebo, as compared to IV DHE (DHE

mesylate injection) with inhaled placebo. Twenty-six healthy subjects were enrolled and each of the four groups contained at least six

subjects. Oral inhalation of PUR3100 achieved peak exposures in the targeted therapeutic range at all doses and the Tmax occurred

at five minutes after dosing.

We

believe these data are encouraging and suggest that the orally inhaled formulation of DHE, PUR3100, will result in

rapid systemic exposure in the therapeutic range, while minimizing the risk of side effects related to exposure levels associated with

IV dosing. We believe the PUR3100 formulation of DHE is highly differentiated from other DHE products already approved or in development,

can be immediately self-administered and has a pharmacokinetic profile that may potentially advance the treatment of patients with acute migraine.

We

completed preclinical safety studies for our lead iSPERSETM formulation in 2018 and advanced our formulation

and process development efforts to support clinical testing in stable moderate-severe COPD patients. We completed a Phase 1b safety,

tolerability, and pharmacokinetics clinical study of PUR1800 for subjects with stable moderate-severe COPD and received topline data

from the Phase 1b clinical study in the first quarter of 2022. We analyzed data from the completed Phase 1b clinical study of

PUR1800 for AECOPD and presented study results at the American Academy of Allergy, Asthma and Immunology (AAAAI) conference in

February 2023. We completed all data analysis to inform a study design for a potential Phase 2 efficacy and safety study, treating

subjects with AECOPD.

To

add additional inhaled therapeutics to our discovery pipeline and facilitate additional discovery collaborations, we are leveraging our

iSPERSETM technology and our management’s expertise in inhaled therapeutics and particle engineering to

identify potential product candidates. These potential product candidates are potentially safer and more effective than the current standard

of care for prevention and treatment of diseases with significant unmet medical needs.

The

status of our patent portfolio changes frequently in the ordinary course of patent prosecution. As of December 31, 2022, our patent

portfolio related to iSPERSETM included approximately 137 granted patents, 19 of which are granted US

patents, with expiration dates from 2024 to 2037, and approximately 49 additional pending patent applications in the US and other

jurisdictions. Our in-licensed portfolio related to kinase inhibitors included approximately 276 granted patents, 32 of which are

granted US patents, with expiration dates from 2029 to 2035, and approximately 26 additional pending patent applications in the US

and other jurisdictions. On March 1, 2022, we filed a patent cooperation treaty application that discloses and claims certain formulations and methods of use relevant to our PUR3100

program.

During

2022, we were staffed to support two active clinical programs. In first quarter of 2022, we hired our Chief Medical Officer,

among other personnel, to support these programs.

iSPERSETM

Technology

We

use simple, safe excipients, including proprietary cationic salt formulations, to create a robust and flexible dry powder platform technology

that can accommodate a wide range of drug loads in highly dispersible particles. Our initial delivery platform emerged from development

of iCALMTM (inhaled Cationic Airway Lining Modulators), a non-steroidal anti-inflammatory therapy. The high degree of aerosol efficiency

and the density profile of our dry powder iCALMTM formulations provided the foundation for our development of iSPERSETM

in 2012, which uses other monovalent and divalent salts.

iSPERSETM

particles are engineered with a small, dense and dispersible profile to exceed the performance of traditional dry powder particles

as the iSPERSETM particles have the dispersibility advantages of porous engineered particles. We believe this

results in superior drug delivery compared to traditional oral and injectable forms of treatment for certain diseases. Unlike lactose-blended

carrier formulations or low-density particles which disperse poorly, we believe that the iSPERSETM technology

platform offers several potential benefits, achieved through the following technological innovations:

iSPERSETM

particles can be engineered to include significantly less than one percent (1%) to greater than eighty percent (80%) active

pharmaceutical ingredients (“APIs”), which allows flexibility for dosing both high potency and high-drug load therapeutics.

● Superior flow rate independent lung delivery without carriers.

The

iSPERSETM technology enables pulmonary delivery independent of lactose or other carriers, which results in significantly

greater lung dose at a matched nominal dose of conventional lactose-based formulations. iSPERSETM formulations

are dispersible across a range of flow rates with consistent emitted dose and particle size. Performance across flow rates provides reliable

dose delivery across patient populations and reduces patient-to-patient variability.

● Delivery of macromolecules and biologics.

iSPERSETM

powders can be used with an array of dry powder inhaler technologies and can be formulated with a broad range of therapeutic

compounds ranging from small molecules to proteins for both local and systemic drug delivery applications.

● Homogenous combinations of multiple drugs.

iSPERSETM

creates homogenous particles including excipients and API, which allow for the consistent delivery of multiple APIs in a product.

We have successfully formulated iSPERSETM-based products with dual and triple API combinations.

● Strong safety profile.

Current

iSPERSETM products and planned clinical-stage products to be formulated in iSPERSETM are

supported by robust preclinical safety profiles. iSPERSETM excipients include those with inhalation precedent

and those that are generally regarded as safe by other routes of administration.

Therapeutic

Candidates

PUR1900

We

are developing an iSPERSETM inhaled formulation of the antifungal drug itraconazole for the prevention and treatment

of fungal infections and allergic/hypersensitivity reactions to fungus in patients with severe lung disease, including those with asthma

and CF. On January 28, 2020, PUR1900 received Fast Track designation from the FDA for the treatment of ABPA. Aspergillus colonization

and infections are likely underdiagnosed and occur frequently in patients of all ages. Colonization and infection with Aspergillus.

can lead to clinical disease with differing severities and complications depending on the immune status of the host. Invasive aspergillosis

is a frequently fatal disease that occurs in patients that are typically immune suppressed as a result of treatment for hematologic cancers

or immunosuppression prior to solid organ transplantation. In patients with asthma and CF, Aspergillus can cause chronic infections

that may be associated with worsening disease and larger declines in lung function than patients without infection. A subset of patients

with asthma and CF with Aspergillus colonization and/or infection develop ABPA, which is a complex hypersensitivity reaction to

fungal antigens. ABPA is a disease resulting in mucus production, wheezing, pulmonary infiltrates, worsening bronchiectasis, and fibrosis

of the lung.

In

patients with both asthma and CF, ABPA is commonly treated with oral steroids to treat inflammation and with oral antifungals to reduce

fungal infection. The inhalation administration of a drug affords direct delivery of the drug to the infected parts of the lung, maximizing

the dose to the affected sites and minimizing systemic exposure to the rest of the body where it could cause significant side effects.

Therefore, treatment of lung infections by direct administration of anti-infective products to the lung may improve both the safety and

efficacy of treatment compared to systemic administration by other routes, as well as improving patient convenience as compared to oral

and injectable forms of the treatment. We believe that local lung delivery by inhalation of our iSPERSETM formulation

could provide convenient, effective and safe management of the debilitating and often life-threatening lung infections that are not currently

addressed by inhaled therapies.

PUR1900

is our inhaled formulation of itraconazole, an antifungal drug commercially available as an oral drug that we are developing to

treat and prevent pulmonary fungal infections. Development of PUR1900 is focused on treatment of Aspergillus. colonization

and infection in patients with asthma and CF. In a Phase 1/1b clinical trial, PUR1900 appeared to be safe and well tolerated in

healthy normal volunteers (Parts 1 and 2) and in patients with asthma (Part 3). In Part 3 of the Phase 1/1b clinical study,

following a single dose of PUR1900, the pharmacokinetics (“PK”) analysis of sputum samples demonstrated approximately

70-fold higher maximum lung concentration of itraconazole following inhalation of PUR1900 compared to oral Sporanox®

(Janssen Pharmaceuticals) despite inhaling only one-tenth the dose of itraconazole (20 mg) relative to the dose of oral

Sporanox® (200 mg). Lung exposure, as measured by sputum induction and analysis, was approximately 50-fold higher and

plasma exposure was approximately 85-fold lower following inhalation of 20 mg of PUR1900 compared to 200 mg of oral

Sporanox®. All endpoints from the Phase 1/1b clinical study were successfully met.

On

April 15, 2019, we entered into a Development and Commercialization Agreement (the “Cipla Agreement”) with Cipla Technologies

LLC (“Cipla”) for the co-development and commercialization, on a worldwide, except for the Cipla Territory defined below,

exclusive basis, of PUR1900, our inhaled iSPERSETM drug delivery system (the “Product”) enabled formulation

of the antifungal drug, itraconazole, which is only available as an oral drug, for the treatment of all pulmonary indications, including

ABPA in patients with asthma. We entered into an amendment to the Cipla Agreement on November 8, 2021 (the “Amendment”),

and all references to the Cipla Agreement herein refer to the Agreement as amended.

The

Cipla Agreement will remain in effect in perpetuity, unless otherwise earlier terminated in accordance with its terms. In the event of

circumstances affecting the continuity of development of the Product in line with the Cipla Agreement or certain development milestones

are not achieved within a specified timeframe discussed in greater detail below, the joint steering committee (“JSC”) will

evaluate the cause and effect and make a recommendation as to the most optimal option available to Cipla and us. In such events, the

parties are not obligated to follow the recommendation of the JSC and, either party may elect to terminate (a “Terminating Party”)

its obligation to fund additional costs and expenses for the development and/or commercialization of the Product. If the non-Terminating

Party wishes to continue the development of the Product, it will have the right to purchase the rights of the Terminating Party in the

Product at its fair market value. If both Cipla and we abandon the development program, Cipla and we shall make commercially reasonable

efforts to monetize the Product and development program in connection with the Pulmonary indications. Cipla and we will equally share

the proceeds.

We

and Cipla will each be responsible for 60% and 40%, respectively, of our overhead costs and the time spent by our employees and consultants

on development of the Product (“Direct Costs”), in addition to which, Cipla will reimburse us an amount equal to 10% of aggregate

Direct Costs upon the achievement of the development milestones set forth in the table below, potentially bringing the sharing of

Direct Costs to a 50/50 basis. We will continue to share all other development costs with Cipla that are not Direct Costs, such as the

cost of clinical research organizations, manufacturing costs and other third-party costs, on a 50/50 basis.

Pursuant

to the Cipla Agreement, (i) all development and commercialization activities with respect to the Product in India, South Africa, Sri

Lanka, Nepal, Iran, Yemen, Myanmar and Algeria (such countries, the “Cipla Territory”) will be conducted exclusively by Cipla

at Cipla’s sole cost and expense, and (ii) Cipla shall be entitled to all profits from the sale of the Product in the Cipla Territory,

except that if Cipla successfully transfers manufacturing of the Product for the Cipla Territory to a manufacturing site determined by

Cipla, we will become entitled to a royalty equal to 2% of net sales in the Cipla Territory.

In

partnership with Cipla, we initiated a Phase 2 clinical study in 2019, entitled: “A Randomized, Double-Blind, Multicenter,

Placebo-Controlled, Phase 2 Study to Evaluate the Safety, Tolerability, and Pharmacokinetics of Itraconazole Administered as a Dry

Powder for Inhalation (PUR1900) in Adult Asthmatic Patients with ABPA.” This clinical study was terminated in July 2020 due to the

ongoing impact of the COVID-19 pandemic on patient enrollment and clinical study conduct.

Following

termination of the Phase 2 clinical study, we conducted a Type C meeting with the FDA on January 27, 2021, in order to discuss

the program overall development plan and the currently ongoing Phase 2b clinical study design. The current Phase 2b clinical study design includes

a 16-week dosing regimen with an 8-week follow up and is intended to explore potential efficacy endpoints, whereas the terminated Phase

2 clinical study had comprised only a 4-week dosing regimen with safety and tolerability as its primary endpoint. The longer dosing regimen

of the new Phase 2b clinical study is supported by the 6-month inhalation toxicology study in dogs completed in April 2020. The new development

plan, including the new Phase 2b clinical study, was approved by the partnership JSC on November 8, 2021. On February 6, 2023, we announced the first patient dosed in the Phase 2b study and the study is currently on track

with topline data anticipated in mid-2024.

In

addition to the terms of the Cipla Agreement described above, if any of the below development milestones are not met by the date that

is nine months after the applicable deadline for achieving such development milestone, either party may elect to terminate its obligation

to fund additional development costs, in which case either (i) the non-Terminating Party can acquire the rights of the Terminating Party

for fair market value or (ii) the parties will monetize the Product. The table below sets forth the development milestones.

Phase 2b Development Plan – Development Milestones

Development Milestone Milestone Date

25% of patients enrolled in Phase 2b clinical study are dosed June 30, 2023

Phase 3 Development Plan – Development Milestones

Development Milestone Milestone Date

25% of patients enrolled in Phase 3 clinical study dosed To be proposed by JSC

Company delivers Topline Results to the JSC To be proposed by JSC

The Prescription Drug User Fee Act (the “PDUFA”) To be proposed by JSC

Competition

and Market Opportunities

Current

treatments of pulmonary fungal infections highlight the limitations of oral or intravenous anti-infective treatments for lung infections.

Itraconazole is one of the most commonly prescribed therapies for treating Aspergillus. infections in patients with asthma and

CF. Itraconazole is available commercially as Sporanox® in both a capsule and oral solution form. Itraconazole is metabolized

in the liver by CYP3A4 and coadministration with a large number of drugs is contraindicated due to the potential for severe drug-drug

interactions.

We

have demonstrated that PUR1900 achieves higher local lung itraconazole concentrations with lower systemic exposure relative

to oral dosing, thus allowing for the potential to improve upon both the efficacy and safety profiles observed with oral itraconazole.

Furthermore, administration by inhalation reduces the exposure of the drug in the rest of the body, which may be beneficial

in reducing systemic side effects and the risk of potentially toxic drug-drug interactions.

There

is precedent for both dry powder and nebulized inhaled anti-infective therapy to address specific pulmonary infections in patients

which demonstrates potential utility of inhaled drug delivery and market opportunity. Mylan currently markets TOBI Podhaler for

treatment of Pseudomonas aeruginosa infection in the United States and Forest Laboratories U.K. Limited (a subsidiary of

Actavis PLC) markets inhaled colistin, Colobreathe, for the same infection in Europe. Insmed currently markets Amikacin Liposome

Inhalation Suspension (Arikayce) in the United States for the treatment of lung disease caused by a group of bacteria, Mycobacterium

avium complex in a limited population of patients with the disease who do not respond to conventional treatment (refractory

disease). Arikayce was the first drug to be approved under the Limited Population Pathway for Antibacterial and Antifungal Drugs, or

LPAD pathway, established by Congress under the 21st Century Cures Act to advance development and approval of

antibacterial and antifungal drugs to treat serious or life-threatening infections in a limited population of patients with unmet

need. As required for drugs approved under the LPAD pathway, labeling for Arikayce includes certain statements to convey that the

drug has been shown to be safe and effective only for use in a limited population. Arikayce was also approved under the accelerated

approval pathway. Under this approach, the FDA may approve drugs for serious or life-threatening diseases or conditions where the

drug is shown to have an effect on a surrogate endpoint that is reasonably likely to predict a clinical benefit to patients. The

approval of Arikayce was based on achieving three consecutive negative monthly sputum cultures by month six of treatment. Insmed was

required by the FDA to conduct an additional, post-market study to describe the clinical benefits of Arikayce. There are currently

no products specifically approved for treatment of ABPA, however, there are several inhaled antifungal agents currently under

development for the treatment of invasive aspergillosis or ABPA. Treatments under development for invasive aspergillosis include PC945, a novel azole antifungal being developed

by Pulmocide as a liquid for nebulization, and a dry powder formulation of voriconazole being developed by TFF Pharmaceuticals. In principle,

development of an inhaled antifungal for the treatment of invasive aspergillosis could also be effective for ABPA but would require additional clinical studies in the target patient population. Zambon has

also developed a dry powder formulation of voriconazole for the treatment of ABPA and completed a Phase 1 study in the third quarter of

2020. However, no additional development has since been reported. Regeneron Pharmaceuticals is currently running a clinical trial with

Dupilumab (NCT04442269) for the treatment of ABPA in asthma. This trial is anticipated to run through December 2023 and is focused on

prevention of exacerbations in individuals with at one or more severe respiratory exacerbations.

New

methods to detect Aspergillus. infection in sputum have improved the sensitivity of diagnosis and clinical appreciation for these

infections. Pulmonary Aspergillus. infections affect approximately 14 million patients worldwide according to the Global Action

Fund for Fungal Infections (Improving Outcomes for Patients with Fungal Infections across the World: A Road Map for the Next Decade).

The majority of these cases occur in patients with asthma who have allergic disease and also include invasive Aspergillus. infections

that are associated with a high rate of mortality in immunocompromised patients. We believe that PUR1900 compares favorably to the products

discussed above and has the potential to generate significant value based on treating and preventing pulmonary fungal infections in multiple

patient populations.

Clinical

Development

We

successfully completed a Phase 1/1b clinical study in 2018 which enabled us to initiate a Phase 2 clinical study in 2019, entitled: “A

Randomized, Double-Blind, Multicenter, Placebo-Controlled, Phase 2 Study to Evaluate the Safety, Tolerability, and Pharmacokinetics of

Itraconazole Administered as a Dry Powder for Inhalation (PUR1900) in Adult Asthmatic Patients with ABPA.” This clinical study was terminated

in July 2020 due to the impact of the COVID-19 pandemic on patient enrollment and clinical study conduct. The completion of a 6-month

inhalation toxicology study in dogs in 2020 enables the conduct of the current Phase 2b clinical study.

The current Phase 2b study includes a 16-week

dosing regimen and exploration of potential regulatory approval endpoints. We dosed the first patient in this current Phase 2b

clinical study during the first quarter of 2023 with topline data expected in mid-2024.

This clinical study may be affected by

remaining conditions related to the COVID-19 pandemic and its ongoing effects with respect to clinical study conduct and patient

enrollment. For more discussion of risks related to the COVID-19 pandemic and its ongoing effects, please see “Item 1A. RISK

FACTORS.—Risks Related to Our Business—Business interruptions could limit our ability to operate our

business.”

PUR3100

In

2020, we began developing PUR3100, the iSPERSETM formulation of DHE, for the treatment of acute migraine.

Over 38 million people suffer from migraine in the United States. Currently DHE is only available as intravenous infusion or

intranasal delivery. If approved for commercialization, PUR3100 should be the first orally inhaled DHE treatment for acute migraine

and be an alternative to other acute therapies, such as oral and intravenous triptans that currently represent the majority of the

annual migraine prescriptions in the United States. Given the oral inhaled route of delivery, we believe PUR3100 could

provide a rapid onset of migraine symptom relief with a favorable tolerability profile.

Competition

and Market Opportunities

Current

treatments for migraine include oral, intranasal, IV or intramuscular (“IM”) formulations of

triptans, DHE, and calcitonin gene-related peptide (“CGRP”) antagonists. Studies show that people with migraines

are underdiagnosed, undertreated, and experience substantial decreases in functioning and productivity, which translates into diminished

quality of life for individuals, and financial burdens to patients, health-care systems, and employers. All current treatments suffer

from limited efficacy and/or tolerability and there exists a significant unmet need for safe and effective alternatives to current treatments.

DHE

has been shown to be effective in the treatment of migraine and, in particular, hard to treat migraines, such as menstrual migraine,

migraine upon awakening, and severe migraine. Utilization of DHE has been limited due to its poor oral bioavailability, requiring IV

or intranasal dosing. IV dosing generally requires administration in a healthcare setting and the high exposure levels results in

significant nausea and vomiting and as such has generally been limited to use only in patients with intractable migraine.

Intranasal dosing with Migranal (Bausch Health US LLC), approved in December 1997, has been poorly adopted due to poor exposure

resulting in inconsistent efficacy. Trudhesa (Impel NeuroPharma, Inc.), another nasal spray utilizing DHE, was approved by the FDA

in September 2021.

There

is precedent for an inhaled DHE therapy. MAP Pharmaceuticals, Inc. developed MAP0004, also known as Levadex or Semprana, a liquid suspension

formulation of DHE, designed to be dosed via a pMDI inhalation device. Their published data indicate a safe and well tolerated formulation

with rapid onset and long-lasting efficacy that compared favorably to existing treatments. Development of MAP0004 led to a new drug

application (“NDA”) but was halted after multiple complete response letters from the FDA citing Chemistry, Manufacturing

and Controls (“CMC”) issues related to dose uniformity and stability issues. Regardless of the failure of MAP0004, the efficacy

and tolerability of the formulation reported by MAP Pharmaceuticals provides proof of concept for an inhaled DHE formulation. PUR3100,

the iSPERSETM formulation planned by Pulmatrix, is anticipated to deliver DHE to the lung with efficacy and tolerability

that compares favorably with MAP0004, while avoiding the device-related issues of MAP0004 by delivering PUR3100 as an iSPERSETM

dry powder.

To the best of our knowledge, there are no other

orally inhaled DHE formulations currently in development. Migranal and Trudhesa are the two currently FDA approved intranasal formulations.

of DHE. Satsuma Pharmaceuticals has developed a dry powder formulation of DHE for intranasal dosing and have completed two Phase 3 clinical

studies (ClinicalTrials.gov NCT03901482 and NCT04940390). Despite failure of both clinical studies to achieve primary endpoints, Satsuma

filed an NDA in the first quarter of 2023 based on post-hoc analysis showing benefit in secondary endpoints. Satsuma’s

NDA filing is pending, and they are actively seeking a commercialization partner.

Non-Clinical

Development

A total of three 14-day good laboratory practices

(“GLP”) toxicology studies have been completed with PUR3100 to support single dose clinical studies. Preparations are underway

for chronic toxicology to support long-term dosing and an eventual NDA.

Clinical Development

We have completed several interactions with the

FDA and they have confirmed that, in addition to the Planned Phase 2 and Phase 3 studies, long-term safety should be assessed in a minimum

of one hundred patients for six months of dosing and fifty patients for twelve months of dosing. The FDA also confirmed that it will be

necessary to perform a safety study administering PUR3100 to otherwise healthy patients with asthma before a NDA is submitted.

On September 26, 2022, we announced the

completion of patient dosing in a Phase 1 clinical study, performed in Australia, designed to assess not only safety, tolerability,

and pharmacokinetics of PUR3100 in humans, but also provide preliminary comparative bioavailability data to support the use of the

505(b)(2) pathway for marketing authorization.

The study design was a double-dummy,

double-blinded trial to assess the safety, tolerability, and pharmacokinetics of three dose levels of single doses of inhaled

PUR3100 with IV placebo, as compared to IV DHE (DHE mesylate injection) with inhaled placebo. Twenty-six healthy subjects were

enrolled and each of the four groups contained at least six subjects. On January 4, 2023, we announced topline results. PUR3100 was

well-tolerated and there was a lower incidence of nausea in PUR3100 dose groups compared to IV DHE. No vomiting was observed in any

of the PUR3100 dose groups. Oral inhalation of PUR3100 achieved peak exposures in the targeted therapeutic range at all doses and

the Tmax occurred at five minutes after dosing.

We

believe these data are encouraging and suggest that the orally inhaled formulation of DHE, PUR3100, will result in

rapid systemic exposure in the therapeutic range, while minimizing the risk of side effects related to exposure levels associated with

IV dosing. We believe the PUR3100 formulation of DHE is highly differentiated from other DHE products already approved or in development,

can be immediately self-administered and has a pharmacokinetic profile that may potentially advance the treatment of patients with acute migraine.

We plan to open an IND in the second quarter of 2023 in order to conduct a randomized placebo-controlled Phase 2 clinical study in patients with

migraine to assess the safety and effectiveness of two doses of PUR3100, in which the selection of the two doses has been informed by

the initial Phase 1 clinical study. We anticipate that this Phase 2 clinical study will initiate once financing or partnership arrangements have been made.

Clinical

study starts may be affected by conditions related to the COVID-19 pandemic and its ongoing effects with respect to clinical study

conduct and patient enrollment. For more discussion of risks related to the COVID-19 pandemic, please see “Item 1A. RISK

FACTORS—Risks Related to Our Business—Business interruptions could limit our ability to operate our

business.”

PUR1800

Reduced

responsiveness to corticosteroids represents an important barrier to effective treatment of COPD and AECOPD and provides a clear rationale

to seek novel medicines to treat these respiratory diseases. In addition, current treatments generally fail to treat the underlying source

of the AECOPD, in particular when a viral or bacterial infection is the cause, which occurs in approximately 80% of exacerbations. RV1162,

the active ingredient of PUR1800, is a novel, potent anti-inflammatory that inhibits the phosphorylation of a narrow spectrum of kinases.

In pre-clinical studies, RV1162 demonstrated direct anti-inflammatory activity in a model of viral induced respiratory inflammation.

RV1162 also demonstrated a reduction in corticosteroid-resistant inflammatory responses in a model of cigarette smoke induced inflammation.

These findings suggested that RV1162 has the potential to deliver effective anti-inflammatory outcomes in corticosteroid-resistant patients

while also reducing the underlying source of inflammation in an exacerbation, such as a viral and/or bacterial respiratory infection.

Clinical

studies conducted by RespiVert/Janssen with RV1162 formulated as a lactose blend for inhalation demonstrated that the molecule was well

tolerated for up to 14 days of dosing in patients with COPD. Analysis of sputum collected from patients with COPD treated with RV1162

showed reduced levels of p38 phosphorylation in sputum cells and decreases in the number of neutrophils recovered in sputum after 12

days of dosing. These findings suggest that inhalation of RV1162 may confer anti-inflammatory benefits after a short dosing regimen.

Long-term toxicology studies with RV1162 as a lactose blend suggested that this formulation was not suitable for chronic dosing.

Based upon the clinical results generated by

RespiVert/Janssen for RV1162 and the anticipated benefits of an iSPERSETM formulation of RV1162, we entered into

a License, Development and Commercialization Agreement with RespiVert Ltd. (“RespiVert”), a wholly owned subsidiary of Janssen

Biotech, Inc. on June 9, 2017. RespiVert granted us an exclusive, royalty-bearing license in a portfolio of narrow spectrum kinase inhibitor

compounds (“NSKI”). We subsequently formulated RV1162 into PUR1800 for development as a potential therapy for AECOPD.

We conducted two 28-day GLP toxicology studies in rats and dogs. Results

from the two GLP toxicology studies supported the potential for PUR1800 to improve lung exposure, with reduced lung accumulation, as compared

to RV1162 as a lactose blend formulation, suggesting potential for chronic dosing.

On December 26, 2019, we entered into a License,

Development and Commercialization Agreement (the “JJEI License Agreement”) with Johnson & Johnson Enterprise Innovation,

Inc. (“JJEI”). Under the JJEI License Agreement, we granted JJEI an option to acquire (1) the Company’s rights to an

intellectual property portfolio of materials and technology related to NSKI and (2) an exclusive, worldwide, royalty bearing license to

PUR1800. As part of the agreement, Pulmatrix was to complete chronic toxicology studies in rats and dogs, with durations of six and nine

months, respectively. Pulmatrix was also to complete a Phase 1b clinical trial in stable COPD patients. JJEI had the right to execute

its option for licensure (option period) any time up to three months following the later of (i) receipt of the final report for the clinical

study, or (ii) receipt of the audited draft reports for the toxicology study. JJEI terminated the JJEI License Agreement effective July

6, 2021, prior to delivery of any data from the ongoing toxicology studies and ongoing Phase1b clinical study.

All rights to the kinase inhibitor portfolio,

including PUR1800 and PUR5700, reverted back to us along with all data generated from the ongoing studies predominantly funded through

proceeds from the terminated JJEI License Agreement.

Toxicology studies in rats and dogs, with durations

of six and nine months, respectively, were then completed. The data from both studies demonstrated that PUR1800 is safe and well tolerated

with chronic dosing, with no progression of findings from 28-day studies. We believe this indicates potential for chronic dosing of PUR1800,

enabling us to explore PUR1800 therapy for chronic respiratory disease such as steroid resistant asthma, COPD, or idiopathic pulmonary

fibrosis. While the program is currently in development for treatment of AECOPD, these positive toxicology study results could expand

potential indications and value of the program.

Competition

and Market Opportunities

There

are 18 million moderate-to-severe episodes of AECOPD in the U.S. each year. AECOPD are sudden onset increases in symptoms, including

increased dyspnea, sputum purulence and volume, and wheezing, coughing, and shortness of breath that require medical intervention and

can lead to hospitalization. The occurrence of an exacerbation greatly increases the likelihood of a further exacerbation within the

following 6 months and creates a significant financial burden to healthcare systems.

Steroids

are standard of care for moderate-to-severe acute exacerbations, which occur across all patient severity types. We believe a

significant unmet need exists in AECOPD for those patients with underlying infection and/or steroid resistance. Acumapimod (BCT-197)

is an oral p38 MAP kinase inhibitor being developed by Mereo BioPharma. BCT-197 completed Phase 2 development as first-line therapy

for severe AECOPD. In April 2019, Mereo BioPharma announced completion of an end of Phase 2 meeting with the FDA and stated the

company is continuing discussions with potential partners for BCT-197. We are not aware of any further progress in either

clinical development or partnership efforts on this product.

Clinical Development

The clinical study, performed at the Medicines

Evaluation Unit in Manchester, UK, was a randomized, three-way crossover double-blind study with 14 days of daily dosing which includes

placebo and one of two doses of PUR1800, and included a 28 day follow up period after each treatment period. A total of 18 adults with

stable COPD were enrolled. Safety and tolerability, as well as systemic PK were evaluated.

We completed the Phase 1b safety, tolerability,

and pharmacokinetics of PUR1800 for patients with stable moderate-severe COPD. Topline data was delivered in the first quarter of 2022

and presented at the American Academy of Allergy, Asthma and Immunology conference in the first quarter of 2023. PUR1800 was well tolerated

and there were no observed safety signals. The PK data indicate that PUR1800 results in low and consistent systemic exposure when administered

via oral inhalation. The topline data, along with the results from chronic toxicology studies, support the continued development of PUR1800

for the treatment of AECOPD and other inflammatory respiratory disease. These data will inform the design of a potential Phase 2 study

in the treatment of AECOPD.

Business

Development

PUR1900

On

April 15, 2019, we entered into the Cipla Agreement with Cipla for the co-development and commercialization, on a worldwide exclusive basis, except for the Cipla Territory

defined below, of PUR1900, our inhaled iSPERSETM drug delivery system enabled formulation of the antifungal drug,

itraconazole, which is only available as an oral drug, for the treatment of all pulmonary indications, including ABPA in patients with

asthma. We entered into the Amendment on November 8, 2021.

The

Cipla Agreement will remain in effect in perpetuity, unless otherwise earlier terminated in accordance with its terms. In the event

of circumstances affecting the continuity of development of the Product in line with the Cipla Agreement or certain development

milestones are not achieved within a specified timeframe discussed in greater detail below, the JSC will evaluate the cause and

effect and make a recommendation as to the most optimal option available to Cipla and us. In such events, the parties are not

obligated to follow the recommendation of the JSC and, either Terminating Party may elect to terminate its obligation to fund

additional costs and expenses for the development and/or commercialization of the Product. If the non-Terminating Party wishes to

continue the development of the Product, it will have the right to purchase the rights of the Terminating Party in the Product at

its fair market value. If both Cipla and we abandon the development program, Cipla and we shall make commercially reasonable efforts

to monetize the Product and development program in connection with the Pulmonary indications. Cipla and we will equally share the

proceeds.

We

and Cipla will each be responsible for 60% and 40%, respectively, of the Direct Costs, in addition to which, Cipla will

reimburse us an amount equal to 10% of aggregate Direct Costs upon the achievement of the development milestones set forth in

the table below, potentially bringing the sharing of Direct Costs to a 50/50 basis. We will continue to share all other development

costs with Cipla that are not Direct Costs, such as the cost of clinical research organizations, manufacturing costs and other

third-party costs, on a 50/50 basis. Additionally, upon commercialization, Cipla and the Company will share equally, both positive

and negative total free cash-flows earned by Cipla in respect of the Product.

Pursuant

to the Cipla Agreement, (i) all development and commercialization activities with respect to the Product in the Cipla Territory will be conducted exclusively by Cipla

at Cipla’s sole cost and expense, and (ii) Cipla shall be entitled to all profits from the sale of the Product in the Cipla Territory,

except that if Cipla successfully transfers manufacturing of the Product for the Cipla Territory to a manufacturing site determined by

Cipla, we will become entitled to a royalty equal to 2% of net sales in the Cipla Territory.

In

partnership with Cipla, we initiated a Phase 2 clinical study in 2019, entitled: “A Randomized, Double-Blind, Multicenter, Placebo-Controlled,

Phase 2 Study to Evaluate the Safety, Tolerability, and Pharmacokinetics of Itraconazole Administered as a Dry Powder for Inhalation

(PUR1900) in Adult Asthmatic Patients with ABPA.” This clinical study was terminated in July 2020 due to the ongoing impact of the COVID-19

pandemic on patient enrollment and clinical study conduct.

Following termination of the Phase 2 clinical

study, we conducted a Type C meeting with the FDA on January 27, 2021, in order to discuss the program overall development plan and the

current Phase 2b clinical study design. The currently ongoing Phase 2b clinical study design includes a 16-week dosing regimen with an

Source: SEC EDGAR (public domain) · 10-K for the period ended 2022-12-31, filed 2023-03-30 · accession 0001493152-23-009609

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