Compass Therapeutics (CMPX) risk factors, FY2025 10-K

Risks Related to Our Financial Position and Need for Additional Capital

1. 01We have a limited operating history and no products approved for commercial sale. We have a history of significant losses, expect to continue to incur significant losses for the foreseeable future and may never achieve or maintain profitability
2. 02incur additional legal, accounting or other expenses in operating our business, including the additional costs associated with operating as a public company
3. 03We have never generated revenue from product sales and may never be profitable
4. 04attracting, hiring and retaining qualified personnel
5. 05the emergence of competing therapies and other adverse developments in the oncology and immunology market
6. 06respond to competitive pressures

Risks Related to the Discovery and Development of Our Product Candidates

1. 07Our business is dependent on our ability to advance our current and future product candidates through clinical trials, obtain marketing approval and ultimately commercialize them
2. 08enforcing and defending intellectual property rights and claims
3. 09Clinical development involves a lengthy and expensive process with uncertain outcomes. We may incur additional costs and experience delays in developing and commercializing or be unable to develop or commercialize our current and future product candidates
4. 10Any such events would impair our ability to successfully commercialize our product candidates and may harm our business and results of operations
5. 11Preclinical development is uncertain. Our preclinical programs may experience delays or may never advance to clinical trials, which would adversely affect our ability to obtain regulatory approvals or commercialize these programs on a timely basis or at all
6. 12Positive results from preclinical studies and early-stage clinical trials may not be predictive of future results. Initial positive results in any of our clinical trials may not be indicative of results obtained when the trial is completed or in later stage trials
7. 13Interim and preliminary results from our clinical trials that we announce or publish from time to time may change as more patient data become available and are subject to audit, validation and verification procedures that could result in material changes in the final data
8. 14Our bispecific and monoclonal antibody product candidates are a new potential class of therapeutics, which makes it difficult to predict the time and cost of development and of subsequently obtaining regulatory approval, if at all
9. 15our reputation may suffer
10. 16If we or our collaborators encounter difficulties enrolling patients in our clinical trials, our clinical development activities could be delayed or otherwise be adversely affected
11. 17the risk that patients enrolled in clinical trials will drop out of the trials before completion or, because they may be late-stage cancer patients, will not survive the full terms of the clinical trials
12. 18Because the number of subjects in our clinical trials are small, the results from these trials, once completed, may be less reliable than results achieved in larger clinical trials
13. 19We may conduct certain clinical trials in overseas jurisdictions. Regulators in the United States, such as the FDA, or in other foreign jurisdictions, may not support our trial design and protocol, which would delay our clinical development plans and increase our expenses

Risks Related to Regulatory Approval of Our Product Candidates

1. 20The regulatory approval processes of the FDA and comparable foreign authorities are lengthy, time-consuming and inherently unpredictable, and if we are ultimately unable to obtain regulatory approval for our product candidates, our business will be materially harmed
2. 21the FDA or comparable foreign regulatory authorities may find deficiencies with or fail to approve our manufacturing processes or facility or the manufacturing processes or facilities of third-party manufacturers with which we contract for clinical and commercial supplies
3. 22We may be unable to obtain FDA approval of our product candidates under applicable regulatory requirements. The denial or delay of any such approval would prevent or delay commercialization of our product candidates and adversely impact our potential to generate revenue, our business and our results of operations
4. 23potential for approval policies or regulations of the FDA or a comparable foreign regulatory authority to significantly change in a manner rendering our clinical data insufficient for approval
5. 24We may be required to suspend, repeat or terminate our clinical trials if they are not conducted in accordance with regulatory requirements, the results are negative or inconclusive or the trials are not well designed
6. 25We intend to develop our product candidates in part in combination with other therapies and may develop our future product candidates in combination with other therapies, which exposes us to additional regulatory risks
7. 26permanent injunctions and consent decrees including the imposition of civil or criminal penalties
8. 27Accelerated approval by the FDA, even if granted for any of our product candidates, may not lead to a faster development or regulatory review or approval process and it does not increase the likelihood that our product candidates will receive regulatory approval39% rewritten

Risks Related to the Commercialization of Our Product Candidates

1. 28Even if a current or future product candidate receives marketing approval, it may fail to achieve the degree of market acceptance by physicians, patients, third-party payors and others in the medical community necessary for commercial success
2. 29The market opportunities for any current or future product candidate we develop, if approved, may be limited to those patients who are ineligible for established therapies or for whom prior therapies have failed, and may be small
3. 30Obtaining and maintaining marketing approval of our current and future product candidates in one jurisdiction does not mean that we will be successful in obtaining and maintaining marketing approval of our current and future product candidates in other jurisdictions
4. 31If we are unable to establish marketing, sales and distribution capabilities for any product candidate that may receive regulatory approval, we may not be successful in commercializing those product candidates if and when they are approved
5. 32unforeseen costs and expenses associated with creating an independent sales and marketing organization

Risks Related to Healthcare, Insurance and Legal Matters

1. 33Product liability lawsuits against us could cause us to incur substantial liabilities and to limit commercialization of our product candidates
2. 34the inability to commercialize any product candidates that we may develop24% rewritten

Risks Related to Manufacturing of Our Product Candidates

1. 35The loss of our third-party manufacturing partners or our, or our partners’, failure to comply with applicable regulatory requirements or to supply sufficient quantities at acceptable quality levels or prices, or at all, would materially and adversely affect our business
2. 36We have contracted with qualified third-party CDMOs, to manufacture our product candidates for preclinical and clinical trials. If approved, commercial supply of any product candidates may also be manufactured at one or more CDMOs
3. 37Changes in methods of product candidate manufacturing or formulation may result in additional costs or delay
4. 38We are subject to multiple manufacturing risks, any of which could substantially increase our costs and limit supply of our product candidates

Risks Related to Intellectual Property

1. 39The patent position of biotechnology and pharmaceutical companies generally is highly uncertain, involves complex legal and factual questions and has, in recent years, been the subject of much litigation
2. 40Obtaining and maintaining our patent protection depends on compliance with various procedural, document submission, fee payment and other requirements imposed by government patent agencies, and our patent protection could be reduced or eliminated for non-compliance with these requirements
3. 41We may not be able to protect our intellectual property rights throughout the world
4. 42Patent terms may be inadequate to protect our competitive position on our product candidates for an adequate amount of time
5. 43If we do not obtain patent term extension and data exclusivity for our product candidates, our business may be materially harmed
6. 44Changes in U.S. patent law could diminish the value of patents in general, thereby impairing our ability to protect our product candidates
7. 45Intellectual property litigation could cause us to spend substantial resources and distract our personnel from their normal responsibilities
8. 46Issued patents covering our product candidates could be found invalid or unenforceable if challenged in court. We may not be able to protect our trade secrets in court30% rewritten
9. 47Third parties may initiate legal proceedings alleging that we are infringing their intellectual property rights, the outcome of which would be uncertain and could have a material adverse effect on the success of our business and financial condition
10. 48Others may claim an ownership interest in our intellectual property and our product candidates, which could expose us to litigation and have a significant adverse effect on our prospects
11. 49If we are unable to protect the confidentiality of our proprietary information, the value of our technology and products could be adversely affected
12. 50We may be subject to claims asserting that our employees, consultants or advisors have wrongfully used or disclosed alleged trade secrets of their current or former employers or claims asserting ownership of what we regard as our own intellectual property
13. 51If our trademarks and trade names are not adequately protected, then we may not be able to build name recognition in our markets of interest and our business may be adversely affected
14. 52Collaborations with third parties, including academic collaborations, may limit our ability to obtain, maintain, enforce or defend intellectual property necessary to conduct our business
15. 53Intellectual property rights do not necessarily address all potential threats

Risks Related to Information Technology and Data Privacy

1. 54European data collection is governed by restrictive regulations governing the use, processing and cross-border transfer of personal information

Risks Related to Our Work with Third Parties

1. 55We may depend on other third-party collaborators for the discovery, development and commercialization of certain of our current and future product candidates. If our collaborations are not successful, we may not be able to capitalize on the market potential of these product candidates
2. 56collaboration agreements may restrict our right to independently pursue new product candidates
3. 57We may seek to establish collaborations, and, if we are not able to establish them on commercially reasonable terms, we may have to alter our development and commercialization plans

Risks Related to Our Business

1. 58We face significant competition from other biotechnology and pharmaceutical companies, and our operating results will suffer if we fail to compete effectively
2. 59We will need to grow the size of our organization, and we may experience difficulties in managing this growth
3. 60improving our operational, financial and management controls, reporting systems and procedures
4. 61We have broad discretion in the use of our cash resources and may not use them effectively
5. 62We are highly dependent on our key personnel, and if we are not successful in attracting, motivating and retaining highly qualified personnel, we may not be able to successfully implement our business strategy
6. 63If we fail to maintain proper and effective internal control over financial reporting, our ability to produce accurate and timely financial statements could be impaired, investors may lose confidence in our financial reporting and the trading price of our common stock may decline
7. 64Our business, results of operations and future growth prospects could be or continue to be affected by global pandemics, such as the COVID-19 pandemic, or the future outbreak of other highly infectious or contagious diseases
8. 65Our ability to use our net operating loss carryforwards and certain other tax attributes may be limited

Risks Related to Our Common Stock

1. 66Our principal stockholders and management own a significant percentage of our stock and will be able to exercise significant influence over matters subject to stockholder approval
2. 67Future issuances of common or preferred stock to fund our operations may substantially dilute your investment and reduce your equity interest in our company
3. 68Provisions in our charter documents and Delaware law may have anti-takeover effects that could discourage an acquisition of us by others, even if an acquisition would be beneficial to our stockholders, and may prevent attempts by our stockholders to replace or remove our current management
4. 69the authority of the board of directors to issue preferred stock on terms determined by the board of directors without stockholder approval and which preferred stock may include rights superior to the rights of the holders of common stock
5. 70Our amended and restated bylaws designate certain courts as the sole and exclusive forum for certain types of actions and proceedings that may be initiated by our stockholders, which could limit our stockholders’ ability to obtain a favorable judicial forum for disputes with us or our directors, officers, or employees
6. 71Because we do not anticipate paying any cash dividends on our capital stock in the foreseeable future, capital appreciation, if any, will be your sole source of gain
7. 72If we fail to comply with environmental, health and safety laws and regulations, we could become subject to fines or penalties or incur costs that could have a material adverse effect on the success of our business
8. 73Our disclosure controls and procedures may not prevent or detect all errors or acts of fraud
9. 74We will continue to incur increased costs as a result of being a public company and our management will be required to devote substantial time to new compliance initiatives and corporate governance practices
10. 75We are a smaller reporting company, and we cannot be certain if the reduced reporting requirements applicable to smaller reporting companies will make our common stock less attractive to investors76% rewritten
11. 76The designation of our common stock as “penny stock” would limit the liquidity of our common stock
12. 77FINRA sales practice requirements may limit a stockholder’s ability to buy and sell our common stock
13. 78The market price of our common stock may be highly volatile, and may be influenced by numerous factors, some of which are beyond our control
14. 79changes in general market and economic conditions
15. 80Changes in tax law could adversely affect our business and financial condition