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COMMITMENTS AND CONTINGENCIES
12 Months Ended
Dec. 31, 2022
Commitments and Contingencies Disclosure [Abstract]  
COMMITMENTS AND CONTINGENCIES

13. COMMITMENTS AND CONTINGENCIES

Operating Lease

We have operating leases for our corporate headquarters, office spaces and laboratory facilities.

Our operating leases include a facility lease consisting of 20,062 square feet of office and laboratory space in Waltham, Massachusetts. Effective April 2022, we exercised our renewal option for to extend the lease term for three additional years through December 2025.

In 2019, we entered into an operating lease for our headquarters in Burlingame, California for approximately 2,111 rentable square feet. The lease commenced in November 2019 with a term of thirty-six calendar months, which was subsequently amended to expire in December 2023.

The components of lease costs are as follows:

 

 

 

Year Ended

 

(In thousands)

 

December 31, 2022

 

Straight line operating lease costs

 

$

1,585

 

Variable lease costs

 

 

155

 

Total lease costs

 

$

1,740

 

 

Supplemental cash flow information related to leases are as follows:

 

 

 

Year Ended

 

(In thousands)

 

December 31, 2022

 

Cash paid for amounts included in the measurement of
   operating lease liabilities:

 

$

790

 

Operating lease right-of-use assets obtained in exchange
   for operating lease obligations

 

 

3,323

 

Right-of-use assets obtained through acquisitions

 

 

1,185

 

 

As of December 31, 2022, our operating leases have a weighted-average remaining lease term of 2.8 years and the weighted-average incremental borrowing rate used to determine the operating lease right-of-use assets and lease liabilities was 7.5%.

We have not presented the comparative information above for the years ended December 31, 2021 and 2020 as our operating lease during those years was not material.

 

The following table summarizes our operating leases as presented on the consolidated balance sheets:

 

 

 

December 31,

 

(In thousands)

 

2022

 

 

2021

 

Assets

 

 

 

 

 

 

Right-of-use assets

 

$

3,265

 

 

$

97

 

Liabilities

 

 

 

 

 

 

Current portion of lease liabilities included within
Other accrued liabilities

 

$

1,316

 

 

$

106

 

Long-term portion of lease liabilities included within
Other long-term liabilities

 

 

2,376

 

 

 

 

Total lease liabilities

 

$

3,692

 

 

$

106

 

 

Future minimum lease payments on our operating leases as of December 31, 2022 are as follows:

 

(In thousands)

 

Amount

 

Year ending December 31,

 

 

 

2023

 

$

1,542

 

2024

 

 

1,269

 

2025

 

 

1,289

 

Total undiscounted lease payments

 

 

4,100

 

Less: imputed interest

 

 

(408

)

      Total operating lease liabilities

 

$

3,692

 

 

Legal Proceedings

From time to time, the Company is involved in legal proceedings in the ordinary course of its business. We are not currently a party to any material legal proceedings except as discussed below.

On February 15, 2022, La Jolla received a paragraph IV notice of certification (the “Notice Letter”) from Gland Pharma Limited (“Gland”) advising that Gland had submitted an Abbreviated New Drug Application (“ANDA”) to the FDA seeking approval to manufacture, use or sell a generic version of GIAPREZA® in the U.S. prior to the expiration of U.S. Patent Nos.: 9,220,745; 9,572,856; 9,867,863; 10,028,995; 10,335,451; 10,493,124; 10,500,247; 10,548,943; 11,096,983; and 11,219,662 (the “GIAPREZA® Patents”), which are listed in the FDA’s Approved Drug Products with Therapeutic Equivalence Evaluations (the “Orange Book”). The Notice Letter alleges that the GIAPREZA® Patents are invalid, unenforceable and/or will not be infringed by the commercial manufacture, use or sale of the generic product described in Gland’s ANDA.

On March 29, 2022, La Jolla filed a complaint for patent infringement of the GIAPREZA® Patents against Gland and certain related entities in the United States District Court for the District of New Jersey in response to Gland’s ANDA filing. In accordance with the Hatch-Waxman Act, because GIAPREZA® is a new chemical entity and La Jolla filed a complaint for patent infringement within 45 days of receipt of the Notice Letter, the FDA cannot approve Gland’s ANDA any earlier than 7.5 years from the approval of the GIAPREZA® NDA unless the District Court finds that all of the asserted claims of the patents-in-suit are invalid, unenforceable and/or not infringed. We intend to vigorously enforce our intellectual property rights relating to GIAPREZA®.

Given the early stage of this matter, we cannot reasonably estimate a potential future loss or a range of potential future losses, if any, and have not recorded a contingent liability accrual as of December 31, 2022.

Indemnifications and Other Contingencies

In the ordinary course of business, we may provide indemnifications of varying scope and terms to vendors, directors, officers, and other parties with respect to certain matters, including, but not limited to, losses arising out of breach of such agreements, services to be provided by us, our negligence or willful misconduct, violations of law, or intellectual property infringement claims made by

third parties. In addition, we have entered into indemnification agreements with directors and certain officers and employees that will require us, among other things, to indemnify them against certain liabilities that may arise by reason of their status or service as directors, officers, or employees. No material demands have been made upon us to provide indemnification under such agreements, and thus, there are no claims that we are aware of that could have a material effect on our consolidated financial statements. We also maintain director and officer insurance, which may cover certain liabilities arising from our obligation to indemnify our directors. To date, we have not incurred any material costs and, as of December 31, 2022, we have not accrued any liabilities in the consolidated financial statements as a result of these provisions.