Since July 2020, Orexo has been engaged in a Department of Justice (DOJ) investigation, related to the commercialization of Zubsolv in the US. While the intensity of the process has varied over time, it has required significant legal costs, which Orexo will continue to incur if a settlement is not reached.
During the quarter we intensified our engagement with the DOJ, with the aim of reaching a negotiated resolution to the investigation. While no agreement has so far been reached, we are progressing constructively toward a conclusion and deem negotiated settlement the most favorable path forward. In our negotiations, we are seeking to structure any settlement such that it limits the near-term financial impact on Orexo, including through available insurance coverage and structured payments. However, even in such a settlement scenario with anticipated insurance recoveries, Orexo will also have to deploy a portion of its existing capital. Thereafter, additional financing will be needed to ensure we retain the full capacity to execute on our business plan and realize the value of the AmorphOX technology platform. Our long-term financing model remains anchored in business development through technology partnerships, milestone payments, royalties and program co-financing with partners including BARDA. To ensure we can resolve the DOJ investigation while preserving full capacity to execute our development pipeline, and to provide potential partners with confidence in Orexo's ability to deliver on its programs, we have engaged DNB Carnegie as our financial advisor to secure additional financing.