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Yman,
That is a good question on BB share count this below is from 2007...who knows what his share count is now.....was it a shares million a year ? Could be up there.
NanoLogix, Inc. Provides Shareholder Update
July 11, 2007 | 5 min read
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HUBBARD, Ohio, July 11 /PRNewswire-FirstCall/ -- NanoLogix, Inc. provides an update on Hydrogen Bioreactor activities and additional operations and administrative updates.
Harry R. Diz, Ph.D., PE, Associate Dean, and Chair, Dept of Environmental Science & Engineering at Gannon University, Erie, PA who manages NanoLogix's Bioreactor stated:
"We continue to operate the Welch's experimental system and are producing hydrogen daily. Our research objective is to maximize hydrogen production through finding the optimal temperature and investigating the use of photobacteria for secondary treatment for both waste streams like Welch's and sewer sludge to convert organic acids which are generated in the Bioreactor during primary treatment. Theoretically, this could triple the hydrogen yield compared to what is being produced now at Welch's.
To this end we have constructed several "photobioreactors" for growing the photobacteria. We also project installation of a prototype Bioreactor at the Erie Wastewater Treatment Plant in Spring 2008." This work is the result of collaboration among the Department of Environmental Science and Engineering at Gannon University, Biofuel Engineering Science, Ltd, an Erie, PA,-based engineering research company, and NanoLogix, Inc., and is funded solely by NanoLogix, Inc."
Personnel updates: Sergey Gazenko, Ph.D. has renewed his contract with NanoLogix and taken the position of Vice President for Research and Development. Dr. Gazenko is the sole inventor of the BioNanoChannel(TM) device and directs research at NanoLogix's newly-expanded laboratory in the BioStart facility in Cincinnati.
Thomas A. Kelly, Ph.D. has rejoined NanoLogix as a consultant and will conduct research related to his original discovery and authorship of NanoLogix's patented process for Apoptosis. Dr. Kelly stated: "I am happy to be able to resume my research on apoptosis that I started in 1997 for Infectech (now NanoLogix). With the backing of NanoLogix I am confident we can develop multiple applications of this technology. My immediate thrust will focus on applying apoptosis technology to the treatment and elimination of certain topical skin growths, which will significantly impact the method of treating a specific range of dermatological conditions".
Financial news: NanoLogix has recently applied for a grant for funding of Bioreactor research from the United States Department of Agriculture.
The Company is progressing with the process of preparing their financials for applying for SEC approval to become fully reporting. Approximately 200 hours of CPA and accounting time has been expended since May specifically related to this process. The company would also like to announce to their shareholders that Bret T. Barnhizer and Dana Allen, upon taking office in March, 2006 elected to accept no salaries for their services to the Company and are receiving as compensation 250,000 shares of restricted (non-trading) stock per quarter. This stock compensation is 50% of the amount that was traditionally granted to Company officers and directors each quarter prior to March 2006. This reduction in stock compensation was the first action by the CEO and the Board of Directors taken upon the change in Company management in March --- an action taken in the interest of reducing dilution of shareholder equity. Our goal is to reduce stock compensation by an additional 50% this year. In addition, Mr. Barnhizer and Mr. Allen wish to announce that they have and continue to hold shares purchased on the open market over time in the following amounts: Mr. Barnhizer, 2,030,000 shares since 09/2005; and Mr. Allen, 632,000 shares since 07/2006.
Bret T. Barnhizer, Chairman, CEO and President, stated: "We welcome Dr. Kelly back to NanoLogix, and congratulate Dr. Gazenko on his promotion to Vice President for Research and Development, and thank Dr. Diz for his increased involvement and continued efforts at Welch's and Erie Wastewater treatment. As for the financial update, we are providing this information to the public in order to demonstrate our dedication to the future of NanoLogix and our goal of growing the Company to provide increased value to all shareholders."
About NanoLogix, Inc.
NanoLogix is an industry innovator in the research, development, and commercialization of nano-biotechnologies, applications and processes. The Company has developed and owns or has rights to 31 patents related to various medical technologies, 5 of which also have hydrogen-generation aspects. In the past year the Company has filed an additional 28 patent applications for discoveries related to hydrogen bioreactors, medical testing, and innovative medical treatments potentially related to leukemia and sepsis. NanoLogix is presently operating a hydrogen bioreactor at Welch's Food. NanoLogix-developed patents are used to design and market diagnostic test kits for use in early detection of the bacteria present in infectious and noninfectious human diseases such as tuberculosis, pneumonia, HIV/AIDS, cancer, and cystic fibrosis. The company also owns a patent for the non-toxic induction of apoptosis ('cell suicide') for the treatment of cancer. BioNanoChannel is a Trademark of NanoLogix, Inc. For more information on the Company, visit www.nanologixinc.com.
This press release contains statements, which may constitute "forward- looking statements" within the meaning of the Securities Act of 1933 and the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995. Those statements include statements regarding the intent, belief or current expectations of NanoLogix, Inc., and members of its management as well as the assumptions on which such statements are based. Prospective investors are cautioned that any such forward-looking statements are not guarantees of future performance and involve risks and uncertainties, and that actual results may differ materially from those contemplated by such forward-looking statements. The Company undertakes no obligation to update or revise forward-looking statements to reflect changed assumptions, the occurrence of unanticipated events or changes to future operating results.
Contact: Investor Relations Bret Barnhizer, CEO Telephone: 330-534-0800 E-mail: Bret@nanologixinc.com
NanoLogix, Inc.
CONTACT: Bret Barnhizer, CEO of NanoLogix, Inc., +1-330-534-0800,Bret@nanologixinc.com
Web site: http://www.nanologixinc.com/
"As far as a plan for going forward at this point the only thing I’m trying to accomplish is getting the patents assigned to Nano or the shareholders since Nano no longer exists. If I can do that I believe that the shareholders will be in the best position they’ve ever been in."
I'm assuming Ant is successful and the patents are assigned to shareholders. Now what? Does that mean we are entitled to a portion of anything the patents generate? Would we be able to restructure to develop further if necessary? What comes next? Bret, I assume has the most shares. Can a new co be formed?
Ant4,
"Stay tuned have had communications with the court. Not sure but appears the case has been assigned to a judge who was a patent attorney and has handled numerous patent matters. Seems like a good choice."
Should be pretty easy to read all those releases and I hope those factor in with the outcome.
Yman,
"False hope was given. Looking for the update where the co states it will "accept the burden...".
BB was so full of it.
"Here is the first one, posted on the board....I believe it was in their emails they put out to some people
"June 10,2021
Update on new SEC reporting requirements
We are pleased to announce we will be filing regular reports with the SEC on a voluntary basis. This process does not mean Nanologix is uplisting to a different status, the Company will remain a Pink Sheet company for the time being.
Research and Development on the Rapid Viral Assay (RVA) continues at a research university and additional information will be released this summer.
In 2022 end of year update put out.....
NanoLogix End of Year Update
NanoLogix provides the following as information to recipients of the Corporate Newsletter and the general public.
Over the past twenty-plus months the Company has experienced events with significant influence on operations, development, and perception of the Company. We are taking aggressive steps to resolve this situation.
One negative factor involving the sale of FlatPack petri plates was unpredictable, unavoidable, and caused substantial harm to a huge number of US businesses, including NanoLogix. The suspension of classes for most schools due to the COVID-19 pandemic resulted in a notable reduction of our FlatPack sales to a major customer sector. At this point with students back in schools the situation is turning around.
A second event of significant consequence was the development of the Rapid Viral Assay (RVA) technology. This technology has enormous potential not only for rapid detection of COVID-19 but multiple other viruses and variants.
The third factor was a change in SEC regulations that shifted thousands of companies from tradable non-reporting Pink Sheet status to a much more difficult to trade “grey market” status. This shift has had a drastic effect on stock prices.
Those three events present challenges for NanoLogix. We are dealing with those in the following ways:
1) With the reopening of many schools, we are prepared to increase FlatPack petri production to satisfy rebounding market demand.
2) We are also preparing for FDA Registration in January 2022 in order to be authorized to sell to laboratories and other groups that use Petri plates for testing samples under FDA regulated conditions. The FDA registration will list the FlatPack, our currently produced product, along with the ELISA variants of the N-Assay and RVA technologies.
3) After discussions with the OTC, and determining they will not accept independent SEC filings in order to restore NanoLogix to tradable Pink Sheet status, we will begin providing OTC with financials, and accept the burden of a $10,000 yearly fee. This is required to restore the Company to tradable status.
An Exciting and Vital Development
We have received a proposal from a large and very well respected research and development corporation titled for "Development of a Rapid Viral Assay (RVA) Suitable for Detection of COVID-19 and Other Viruses". This work will be accomplished utilizing live virus samples of multiple strains of COVID-19. Our initial portion of the development costs for the proposal is roughly $500,000. We have begun raising that amount through the use of a mechanism offering a small net revenue interest percentage of potential RVA sales. We have already raised $150,000 from interested medical groups through use of that mechanism, and intend to raise the balance with no sale or dilution of stock.
Along with the research and development partner described above, we believe that the patented Rapid Viral Assay (RVA) represents the only technology with the ability to detect live virus and determine both infection status and contagiousness potential. Our commitment is to push this critical technological development forward with all our resources and focus—both due to the overwhelming need for such a capability, and because we expect to be able to access a vast market for use of what promises to be a leading tool for accurate and rapid viral diagnostics.
This update or press release contains statements, which may constitute "forward-looking statements" within the meaning of the Securities Act of 1933 and the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995. Those statements include statements regarding the intent, belief or current expectations of NanoLogix, Inc., and members of its management as well as the assumptions on which such statements are based. Prospective investors are cautioned that any such forward-looking statements are not guarantees of future performance and involve risks and uncertainties, and that actual results may differ materially from those contemplated by such forward-looking statements. The Company undertakes no obligation to update or revise forward-looking statements to reflect changed assumptions, the occurrence of unanticipated events or changes to future operating results.
False hope was given. Looking for the update where the co states it will "accept the burden...".
Stay tuned have had communications with the court. Not sure but appears the case has been assigned to a judge who was a patent attorney and has handled numerous patent matters. Seems like a good choice.
What is the Delaware court of Chancery. Gen info.
https://www.delawareinc.com/blog/what-is-the-delaware-court-of-chancery/
in ur imagination only
Not sure how many "strike Threes" ant will work thru........
Difficult to say how long but I expect to get an indication from the court which way this will go within weeks not months.
As far as a plan for going forward at this point the only thing I’m trying to accomplish is getting the patents assigned to Nano or the shareholders since Nano no longer exists. If I can do that I believe that the shareholders will be in the best position they’ve ever been in.
Stay tuned!
Well, thank you Ant. . . Any idea how long a wait until this is resolved? And what is the endgame considering the company is defunct?
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
THOMAS J. FAGAN,
Plaintiff,
v.
DR. JONATHAN FARO and BRET T. BARNHIZER,
Defendants.
C.A. No. ____________
PROPOSED ORDER TO EXPEDITE
WHEREAS, Plaintiff has filed a Motion for Temporary Restraining Order and a corresponding Motion to Expedite proceedings in the above-captioned matter;
AND WHEREAS, the Court has determined that expedited treatment is warranted in light of the allegations of imminent harm and the need to preserve the status quo;
IT IS HEREBY ORDERED this ___ day of ____________, 202___, that:
1. Plaintiff’s Motion to Expedite is GRANTED.
2. Defendants shall file a written response to Plaintiff’s Motion for Temporary Restraining Order within five (5) calendar days of service of the Motion.
3. A hearing on Plaintiff’s Motion for Temporary Restraining Order shall be scheduled at the earliest convenience of the Court thereafter.
IT IS SO ORDERED.
__________________________________
Vice Chancellor
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
THOMAS J. FAGAN,
Plaintiff,
v.
DR. JONATHAN FARO and BRET T. BARNHISER,
Defendants.
C.A. No. ____________
________________________________________
MOTION FOR TEMPORARY RESTRAINING ORDER
Plaintiff, Thomas J. Fagan, respectfully moves this Court pursuant to Rule 65 of the Delaware Court of Chancery Rules for the entry of a Temporary Restraining Order (TRO) to prevent irreparable harm arising from the actions of Defendants Dr. Jonathan Faro and Bret T. Barnhizer. In support of this motion, Plaintiff states as follows:
INTRODUCTION
1. This Motion accompanies a Verified Complaint filed simultaneously, which seeks the imposition of a constructive trust, declaratory relief, and the equitable assignment of patent rights wrongfully claimed by Defendants.
2. The disputed patents were developed using corporate funds and facilities of Nanologix, Inc. and were repeatedly represented as corporate assets.
3. Defendants have now taken steps to assert personal ownership of those assets and are attempting to transfer, license, or otherwise encumber the patent rights, potentially defeating Plaintiff’s and the Company's ability to obtain meaningful relief.
LEGAL STANDARD
4. Under Delaware law, a TRO is warranted where the movant demonstrates:
o (a) a reasonable likelihood of success on the merits;
o (b) imminent, irreparable harm if the relief is not granted;
o (c) that the balance of hardships tips in the movant’s favor.
5. A TRO is intended to preserve the status quo and prevent dissipation of contested rights before a full hearing can be held. See Alpha Builders, Inc. v. Sullivan, 2004 WL 2694917, at *3 (Del. Ch. Nov. 5, 2004);
GROUNDS FOR RELIEF
A. Likelihood of Success
6. As set forth in the Verified Complaint, the patents were developed using Nanologix’s funds, facilities, and public support.
7. Defendants served as officers and directors and had fiduciary obligations to assign these inventions to the Company, not themselves.
8. Public statements, filings, and internal communications described the patents as Nanologix property. No valid assignment exists in favor of Defendants.
B. Irreparable Harm
9. Defendants are taking steps to license or commercialize the patents. Once transferred to third parties—especially without notice—Plaintiff and the Company may be unable to recover the rights or undo the damage.
10. Patent rights are unique, and monetary damages would be inadequate. Equity treats such intangible rights as irreparably harmed when improperly alienated.
C. Balance of Equities
11. Plaintiff seeks only to preserve the status quo while this action proceeds.
12. Defendants face no prejudice from temporary restraint on disposition of disputed assets. By contrast, Plaintiff risks permanent loss of corporate assets and the right to enforce fiduciary obligations.
________________________________________
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court:
A. Issue a Temporary Restraining Order enjoining Defendants from selling, transferring, licensing, encumbering, or otherwise disposing of the patents at issue;
B. Set this matter for expedited consideration of a preliminary injunction;
C. Require Defendants to preserve and produce communications and agreements related to the patents; and
D. Grant such further relief as the Court deems just and proper.
Respectfully Submitted May 23, 2025
___________________________-
Thomas J Fagan
Omar.......deductive reasoning comes to mind.......Faro did work for Nanologix and developed some advanced tech. I heard he was paid in shares of Nanologix, worthless.....His discoveries/inventions won Judges acclaim I read.......Nanologix is defunct but the tech faro discovered is now being used by Faro I've read.......MMMM...seems reasonable to think he and BB had an agreement of sorts...
Yman. The link you provided deals with service upon corporations not on individual defendants. Yes they must be served with the Del complaint. Its being handled in the Chancery Div.
Ant: Did Faro and Bret have to be reserved now that a Delaware complaint was filed and what DE court is to handle the complaint?
https://courts.delaware.gov/help/proceedings/jp_servecorp.aspx
CORRECTED
Faro : "This final goal will have the benefit of taking NanoLogix not just through the US market, but will allow it to gain steady footing in the global market .......".
Under what circumstance will nano benefit through the US and global market? Ownership of the technologies? License agreement? He served as a director or thought he was a director. He must have seen numerous PR's stating Nano was the owner or the licensee of the patents. His name was on a Reg D offering filed with the SEC to raise $3m. If he thinks he is going tell the court that he knew Nano was raising $3m for the development of the technologies without telling the court what benefit the $3m investors were going to receive he has no chance of retaining any rights in the patents.
Again, the law is clear that an officer and or director that files for a patent for an invention related to the business they are officers and or directors of have a fiduciary duty to assign the patent(s) to the company without any consideration. PERIOD. Not to mention that the court is not going to look kindly that they presented themselves as officers and directors at a time the company was void, and they conducted or participated in a directors or shareholders meeting during the years they served.
Although I do not know how the court will handle this due to Nano being void what I am 99.999 % sure of is in the end neither Faro or Barnhizers names will appear on those patents.
Faro : "This final goal will have the benefit of taking NanoLogix not just through the US market, but will allow it to gain steady footing in the global market or thought he was director.......".
Under what circumstance will taking nano through the US and global market? Ownership of the technologies? License agreement? He served as a director. He must have seen numerous PR's stating Nano was the owner or the licensee of the patents. His name was on a Reg D offering filed with the SEC to raise $3m. If he thinks he is going tell the court that he knew Nano was raising $3m for the development of the technologies without telling the court what benefit the $3m investors were going to receive he has chance of retaining any rights in the patents.
Again, the law is clear that an officer and or director that files for a patent for an invention related to the business they are officers and or directors of have a fiduciary duty to assign the patent(s) to the company without any consideration. PERIOD. Not to mention that the court is not going to look kindly that they presented themselves as officers and directors at a time the company was void, and they participated in a directors or shareholders meeting during the years they served.
Although I do not know how the court will handle this due to Nano being void what I am 99.999 % sure of is in the end neither Faro or Barnhizers names will be on those patents.
DP,
"a deal could have been between Faro and BB.....not publicized....Why would Faro do all the work creating the Tech without some promised reward...HELLO
Look at these releases below.....does it Sound like he was doing all the work creating the Tech ? The tech was never presented to the shareholders as it was Faros tech. Never saw anything put out that it was licensed to the company. If the Tech was his, I bet most wouldn't have invested into the company, to not share that information if true( which I don't believe was true) would be misleading to shareholders, IMO. There should be some requirement that if someone is licensing a tech to a company a formal release to shareholders put out so that they are informed, I don't know what the requirements are but seem like it should be done that way.
Aug. 20, 2018
NanoLogix Attends Series of Meetings In Houston
Preparation for Pre-test Development Study
NanoLogix is pleased to announce their attendance at a series of meetings in Houston with Drs. Sebastian and Jonathan Faro and the CEO of a California-based Biotechnology firm. The purpose of the meetings was for coordinating forces for a research study for development of a rapid pre-test for use with the patented Nanologix N-Assay bacteria diagnostic. The meetings dealt with organization and staffing of a research study at two major Houston hospitals, funded from both Federal Grants and a raise of investment capital, and the specific personnel required for the successful execution of the study. The personnel agreeing to participate in the study are seven MDs, two research nurses, two microbiologists, at least two laboratory technicians, and the CEO of the California Biotechnology company. NanoLogix personnel and the CEO of the Biotechnology company have signed a mutual non-disclosure agreement limiting what can presently be revealed but once funding has been obtained and the study registered with the FDA and initiated, the identity of the pre-test development company should be available as public knowledge.
The purpose of the pre-test use with the N-Assay is to have a pre-test that will indicate the presence of a specific bacteria with minutes, for which the N-Assay can then be used to rapidly determine both the concentration of the bacteria and its sensitivity to various antibiotics, furnishing Point of Care (POC) personnel the ability to effectively treat the patient with the specific antibiotic required. This development will significantly reduce reliance upon broad-spectrum antibiotics, which contribute to the major worldwide problem of the development of antibiotic-resistance for many bacteria.
NanoLogix has also agreed to fund an existing laboratory in Houston currently in use as a clinical laboratory for the medical group associated with Dr Jonathan Faro. This lab will be crucial to the testing of patient samples during the upcoming study.
Dr. Jonathan Faro, PhD, MD stated: "These are incredibly exciting times for Nanologix. Seeing this study begin to crystallize has been invigorating, and it's wonderful to see other health care providers share an interest in our test, which is the leading diagnostic assay in bacterial identification and determination of antibiotic susceptibility. When speaking with nurses and other doctors, it's extraordinary to see their enthusiasm for the test --- we have found the right home for a study of this magnitude."
July 16, 2018
NanoLogix Welcomes Dr. Jonathan Faro to Board of Directors
Jonathan Faro, PhD, MD, joins as Director of Medical Development
NanoLogix is pleased to announce the addition of Jonathan Faro, PhD, MD to the Company's Board of Directors. Dr. Faro is the co-inventor of the N-Assay modified ELISA bacteria-detection and identification technology and primary author of a number of published peer-reviewed research papers on the technology.
Dr. Faro's statement:
I am very excited to have joined the Board of Directors at NanoLogix, Inc. As the Director for Medical Development, I will serve a direct role in advocating for the goals of the company, and plan to work alongside the CEO and other boardmembers to further development of the N-Assay. With their support, I have several goals that I aim to achieve. First and foremost, several studies need to be initiated. In addition to a large, multi-site study involving both private and academic centers, we will work on establishing multiple small-scale studies. Each of these will focus on the unique strengths of the N-Assay, so that clinicians will see that the assay is superior to anything currently on the market. We will focus on a four-pronged approach:
A) Speed of pathogen identification, providing clinicians with an accurate result far faster than that of culture,
B) Determination of antimicrobial resistance, so that clinicians may target their approach quickly, and begin seeing results faster than with any other technology on the market.
C) Offer clinicians novel approaches in treating infectious diseases, so that we stop the continued development of antimicrobial resistance.
D) Offer cheaper tests that do not increase the burden on national and international healthcare resources.
This final goal will have the benefit of taking NanoLogix not just through the US market, but will allow it to gain steady footing in the global market, which is necessary in order to truly help in limiting the spread of antimicrobial resistance, which currently claims approximately 700,000 lives per year. Although each of these goals will require considerable time, effort, and financial support, we have already begun the process of building in-roads with multiple well-respected clinical collaborators. These next several months certainly will be very exciting times for both myself and for NanoLogix!
DP,
"a deal could have been between Faro and BB.....not publicized....Why would Faro do all the work creating the Tech without some promised reward...HELLO'
So basically you don't have anything proving anything.
a deal could have been between Faro and BB.....not publicized....Why would Faro do all the work creating the Tech without some promised reward...HELLO
Yman,
"Someone needs to determine who the patents belong to and settle this once and for all."
I believe there are plenty of releases that show who the patents should belong to.....hopefully the shareholders don't get screwed.
DP,
"maybe Faro's deal with Nano was he would be able to use Tech if he developed it..."
Can you produce a release that shows Nano having a deal with Faro to use the Tech if he developed it ? I don't believe there is one.
Maybe Faro negotiated the rights to the Tech...maybe Faro's deal with Nano was he would be able to use Tech if he developed it.....maybe we and ant do not know shit and Faro has the cards to keep it that way....maybe pissing into the wind is bad idea...maybe omar has learned absolutely nothing.......
Omar: Unless this is completely investigated by the court or SEC there is no way of knowing what if anything
Faro is doing with the N Assay or RVA. Ants challenge is getting someone to give him a fair hearing. I don't think anyone would want to do business with Faro if they knew he had a case/investigation underway. Someone needs to determine who the patents belong to and settle this once and for all.
Ant4,
You posted .....""..... I had an agreement with Faro which he cancelled......."
"For the life of me I do not understand why Faro is taking the risks of losing any interest he may have in the patents and an investigation by the SEC."
"Omar...........Why would Faro be claiming it's his tech if it's complete garbage ? Thats the question I've been asking myself. I don't know why they probably have spent 30 - 40,000 in the NJ case and undoubtably more in Delaware if they do not believe in the technologies. The other thing to consider is he reported that he was using the N Assay in his own practice which would suggest he believes in it."
I am guessing he has another deal with someone else ? Maybe it was much sweeter than yours and it doesnt include the shareholders ? So he is spending that much money because he might believe there is pot of gold for him as a reward if he wins so that 30-40,000 is worth it ?
Omar...........Why would Faro be claiming it's his tech if its complete garbage ? Thats the question I've been asking myself. I don't know why they probably have spent 30 - 40,000 in the NJ case and undoubtably more in Delaware if they do not believe in the technologies. The other thing to consider is he reported that he was using the N Assay in his own practice which would suggest he believes in it.
Ant4,
"Yes of course it was fraud. Any action they took after 2/18 was fraud. We can only hope that the research and results they reported was not fraudulent."
Why would Faro be claiming it's his tech if its complete garbage ?
"..... I had an agreement with Faro which he cancelled......."
"For the life of me I do not understand why Faro is taking the risks of losing any interest he may have in the patents and an investigation by the SEC.
Maybe he thinks he can just pay some high dollar people and get what he wants and screw shareholders In the process ? Why not have those high dollar people come up with some deal that everyone might benefit from ?
Yes of course it was fraud. Any action they took after 2/18 was fraud. We can only hope that the research and results they reported was not fraudulent.
Now that I have time while waiting for the Delaware matter to heat up I am going to draft a complaint and file it with the SEC and the Bureau of Securities in Ohio. I had earlier conversations with the SEC but never filed a formal complaint because I had an agreement with Faro which he cancelled and since I’ve been battling 2 different cancers. Now that I’m cured of both I have time.
For the life of me I do not understand why Faro is taking the risks of losing any interest he may have in the patents and an investigation by the SEC.
Yes of course it was fraud. Any action they took after 2/18 was fraud. We can only hope that the research and results they reported was not fraudulent.
Now that I have time while waiting for the Delaware matter to heat up I am going to draft a complaint and file it with the SEC and the Bureau of Securities in Ohio. I had earlier conversations with the SEC but never filed a formal complaint because I had an agreement with Faro which he cancelled and since I’ve been battling 2 different cancers. Now that I’m cured of both I have time.
For the life of me I do not understand why Faro is taking the risks of losing any interest he may have in the patents and an investigation by the SEC.
Maybe a crazy question but how could the patents be assigned to nanologix if the co did not exist and if claiming it was developed by the co didn't they defraud shareholders as there was no co?
I’m confident Delaware will.
I’m confident Delaware will.
"Nanologix.....has developed this technology.....". Should be case closed if heard by the right court.
Ant4,
I wonder how those small number of long-term shareholders with lasting faith doing now ? How did that faith work out ? How does it feel with Faro's and those patents........from what I seen posted it's all him and nothing from you.....are you happy about that ? Keep the faith someone else looks to be like keeping the patents ? I wonder how Gwen Acker Wood feels about it ?
"12/20 press release :
NanoLogix, a small, innovative, historically under-capitalized biotechnology company, has developed this technology through funding and research by the CEO and two Directors, with a keen awareness of the importance of this development relative to the current pandemic. The Company has also benefited from the assistance of a small number of long-term shareholders with lasting faith in the Company’s work and potential. Gratitude is expressed to all involved for their contributions. Thanks also to Gwen Acker Wood, IP Attorney, for her superb attention to detail and experience in patent work.
Who developed it?
Why is Nanologix thanking the patent attorney if they has nothing to do with the patent?"
12/20 press release :
NanoLogix, a small, innovative, historically under-capitalized biotechnology company, has developed this technology through funding and research by the CEO and two Directors, with a keen awareness of the importance of this development relative to the current pandemic. The Company has also benefited from the assistance of a small number of long-term shareholders with lasting faith in the Company’s work and potential. Gratitude is expressed to all involved for their contributions. Thanks also to Gwen Acker Wood, IP Attorney, for her superb attention to detail and experience in patent work.
Who developed it?
Why is Nanologix thanking the patent attorney if they has nothing to do with the patent?
FYI: Elizabeth Holmes partners to create a new startup.
https://www.npr.org/2025/05/10/nx-s1-5393950/elizabeth-holmes-theranos-billy-evans-blood-testing
Ant4,
Spelling of Bret Barnhizer needs to be corrected...
"2. The technology at issue was funded by corporate resources, developed in corporate laboratories, and consistently promoted by the Defendants — acting as directors and officers — as assets of the Company. Only after the Company fell into a void status did Defendants Jonathan Faro and Bret Barnhiser claim personal ownership of the patents.
0. The development work was conducted in the “NanoLogix Laboratory” in Ohio, using corporate infrastructure and resources.
21. Despite these representations and expenditures, Dr. Jonathan Faro now claims that he and Mr. Barnhiser are the rightful owners of the patents, and that they were never assigned to NanoLogix.
Yman,
Good Catch, I copied it and missed it too.
Last name needs to be corrected. It is barnhiZer not barnhiSer. A corrective note may want to be filed.
Ant4,
"Despite these representations and expenditures, Dr. Jonathan Faro now claims that he and Mr. Barnhiser are the rightful owners of the patents, and that they were never assigned to NanoLogix."
I hope all the shareholder are aware of this, Both Faro and Barnhiser should be ashamed of themselves.
Thanks Thomas, for having the balls to stand up to them.
Delaware Complaint:
VERIFIED COMPLAINT FOR EQUITABLE RELIEF
VERIFIED COMPLAINT FOR EQUITABLE RELIEF
Plaintiff, Thomas J. Fagan ("Plaintiff"), by way of Verified Complaint against Defendants, alleges as follows:
NATURE OF THE ACTION
1. This is an action in equity to establish that patents associated with diagnostic technology developed at NanoLogix, Inc. ("NanoLogix" or the "Company") are, in law and equity, the property of the Company, and to impose a constructive trust or order an assignment of such patents to the Company.
2. The technology at issue was funded by corporate resources, developed in corporate laboratories, and consistently promoted by the Defendants — acting as directors and officers — as assets of the Company. Only after the Company fell into a void status did Defendants Jonathan Faro and Bret Barnhiser claim personal ownership of the patents.
3. Plaintiff seeks a declaratory judgment confirming the Company’s ownership rights, and the imposition of a constructive trust over the patents wrongfully claimed by the individual Defendants.
4. Plaintiff also seeks appropriate equitable relief, including injunctive relief preventing the transfer, sale, or encumbrance of the patents during the pendency of this action.
5. Plaintiff previously filed a related action in the United States District Court for the District of New Jersey, which was dismissed without prejudice based solely on the Court’s conclusion that the claims were derivative in nature and that Plaintiff lacked standing to assert them. The dismissal was not on the merits and does not have claim-preclusive effect under the doctrine of res judicata. See, e.g., Costello v. United States, 365 U.S. 265, 285 (1961); Elkadrawy v. Vanguard Group, Inc., 584 F.3d 169, 172 (3d Cir. 2009); Semtek Int’l Inc. v. Lockheed Martin Corp., 531 U.S. 497, 505 (2001).
JURISDICTION AND VENUE
6. This Court has subject matter jurisdiction over this action pursuant to 10 Del. C. § 341 because Plaintiff seeks equitable relief, including the imposition of a constructive trust and declaratory judgment.
7. This Court also has jurisdiction over Defendants pursuant to 10 Del. C. § 3114(a) and (b), as Defendants Jonathan Faro and Bret Barnhiser served as officers or directors of a Delaware corporation and the claims arise from or are related to their corporate service.
8. Venue is proper in this Court because NanoLogix is a Delaware corporation, and the equitable claims asserted arise under Delaware law governing fiduciary duties and corporate property.
PARTIES
9. Plaintiff Thomas J. Fagan is a shareholder of NanoLogix and resides in New Jersey.
10. Defendant Jonathan Faro, MD, PhD, is a former director and Chief Medical Officer of NanoLogix and resides in Texas.
11. Defendant Sebastian Faro, MD, is the father of Jonathan Faro and a former director of NanoLogix. He also resides in Texas.
12. Defendant Bret Barnhiser is the former CEO and Chairman of NanoLogix and resides in Ohio.
13. NanoLogix, Inc. is a Delaware corporation that has been voided by the State of Delaware for failure to pay franchise taxes and has ceased all corporate operations.
FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS
14. NanoLogix was a biotechnology company incorporated in Delaware, with its laboratory and operations located in Hubbard, Ohio. Its business included the development of rapid detection diagnostic technologies, including the “N-Assay.”
15. Between 2018 and 2020, NanoLogix publicly represented — through press releases and shareholder updates — that it was developing COVID-19 and bacterial detection technologies based on the N-Assay platform.
16. NanoLogix disclosed that it had spent over $100,000 on development work for this technology in late 2019. This investment was made by the Company, not by individual Defendants.
17. Additional development and testing was funded through the exercise of stock options by Defendants Jonathan and Sebastian Faro, who stated the investment demonstrated their belief in the “NanoLogix rapid viral detection technology.”
18. NanoLogix issued press releases referring to “our technology,” “our participation,” and “NanoLogix has been in talks” with outside partners, all of which publicly represented the patents and underlying intellectual property as corporate assets.
19. Dr. Jonathan Faro, in public statements, referred to the technology in his capacity as Chief Medical Officer of NanoLogix and was quoted in several company press releases praising “this technology development.”
20. The development work was conducted in the “NanoLogix Laboratory” in Ohio, using corporate infrastructure and resources.
21. Despite these representations and expenditures, Dr. Jonathan Faro now claims that he and Mr. Barnhiser are the rightful owners of the patents, and that they were never assigned to NanoLogix.
22. There is no record of any agreement transferring ownership of the patents to Defendants personally. At all relevant times, Defendants served as fiduciaries of the Company.
23. Under Delaware law, officers and directors who develop intellectual property related to the company’s business, using company resources, and while acting in a fiduciary capacity, have a duty to assign such property to the corporation.
CLAIMS FOR RELIEF
COUNT I
(Constructive Trust and Equitable Assignment)
24. Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein.
25. The technology and patents at issue were developed using NanoLogix resources, in its facilities, and funded by NanoLogix and its directors in their corporate capacities.
26. Defendants publicly represented that NanoLogix owned and controlled the patent rights, and they acted in their fiduciary capacities in allowing and promoting those representations.
27. Under principles of equity and Delaware law, the patents must be deemed corporate property, and the Court should impose a constructive trust or order equitable assignment of the patents to the Company.
COUNT II
(Declaratory Judgment — Ownership of Patents)
28. Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein.
29. An actual controversy exists as to whether the disputed patents are owned by NanoLogix or improperly claimed by the individual Defendants.
30. Plaintiff seeks a declaratory judgment that the patents are and have always been the rightful property of NanoLogix, and that any claim by Defendants to personal ownership is void and unenforceable.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court:
A. Declare that the disputed patents and intellectual property are the property of NanoLogix, Inc.;
B. Impose a constructive trust over the patents in favor of NanoLogix;
C. Order the equitable assignment of the patents to NanoLogix;
D. Enjoin Defendants from selling, transferring, or licensing the patents during the pendency of this action;
E. Award Plaintiff costs and such other relief as the Court deems just and proper.
Dated: May 11, 2025
Respectfully submitted,
___________________________
Thomas J. Fagan
Pro Se Plaintiff
At some point someone is going to have to explain what benefit there was to Nano when there was no agreements between Faro and Barnhizer giving Nano any rights to the patented technologies. Why would Faro's invest in options on 3M shares if there was no agreement to benefit Nano and no ownership interest? I look forward to Jon Faro who was supposedly a director who would have been familiar with any and all agreements explaining how he owns the patent yet invested in options to purchase 3m shares when knowing as a director there was no benefit to Nano or the shareholders, not to mention that the investment for specifically for the development of N Assay. Regardless of him buying the options or the reason the law is clear...an officer and/or director who is granted a patent for an invention related to the company's business has a fiduciary obligation to assign the patent to the company unless there is an agreement stating otherwise.
Here is one to look at.....
"I am very excited to have joined the Board of Directors at NanoLogix, Inc. As the Director for Medical Development, I will serve a direct role in advocating for the goals of the company, and plan to work alongside the CEO and other boardmembers to further development of the N-Assay."
Advocating for the goals of the company......yet now it's his tech ? What a joke !
"July 16, 2018
NanoLogix Welcomes Dr. Jonathan Faro to Board of Directors
Jonathan Faro, PhD, MD, joins as Director of Medical Development
NanoLogix is pleased to announce the addition of Jonathan Faro, PhD, MD to the Company's Board of Directors. Dr. Faro is the co-inventor of the N-Assay modified ELISA bacteria-detection and identification technology and primary author of a number of published peer-reviewed research papers on the technology.
Dr. Faro's statement:
I am very excited to have joined the Board of Directors at NanoLogix, Inc. As the Director for Medical Development, I will serve a direct role in advocating for the goals of the company, and plan to work alongside the CEO and other boardmembers to further development of the N-Assay. With their support, I have several goals that I aim to achieve. First and foremost, several studies need to be initiated. In addition to a large, multi-site study involving both private and academic centers, we will work on establishing multiple small-scale studies. Each of these will focus on the unique strengths of the N-Assay, so that clinicians will see that the assay is superior to anything currently on the market. We will focus on a four-pronged approach:
A) Speed of pathogen identification, providing clinicians with an accurate result far faster than that of culture,
B) Determination of antimicrobial resistance, so that clinicians may target their approach quickly, and begin seeing results faster than with any other technology on the market.
C) Offer clinicians novel approaches in treating infectious diseases, so that we stop the continued development of antimicrobial resistance.
D) Offer cheaper tests that do not increase the burden on national and international healthcare resources.
This final goal will have the benefit of taking NanoLogix not just through the US market, but will allow it to gain steady footing in the global market, which is necessary in order to truly help in limiting the spread of antimicrobial resistance, which currently claims approximately 700,000 lives per year. Although each of these goals will require considerable time, effort, and financial support, we have already begun the process of building in-roads with multiple well-respected clinical collaborators. These next several months certainly will be very exciting times for both myself and for NanoLogix!
Bunch of updates.......
Company Updates
Nov. 24, 2020
Rapid COVID19 Test Patent Granted
Full details of the granted patent, with the complete list of twenty-five granted claims are available in the USPTO Patent Gazette publication
We are pleased to announce the patent for rapid viral testing and diagnosis has been granted and issued by the United States Patent and Trademark Office (USPTO) with a US patent number of 10844442. Information on the published patent can be accessed in the USPTO Official Gazette for Patents and entering the patent number through this link:
http://patentsgazette.uspto.gov/week47/OG/patent.html
There are many extremely vital aspects to this technology. In addition to very accurate and rapid detection of the COVID19 Spike Protein and Virion, another essential capability of the assay is its ability to rapidly detect the presence of the neutalizing antibody to the virus, a quality that can determine both the need for vaccination and the effectiveness and longevity of the neutralizing antibodies. Development work on the technology has indicated potential detection times of twenty minutes or less.
An international patent application under the Patent Cooperation Treaty (PCT) and a Continuation In Part (CIP) were filed this past weekend to provide international patent protection by broadening the geographic and technological scope of the Intellectual Property protection and to add additional aspects to the technology that have been discovered or invented since the original application date.
A formal Press Release will be issued next week after the Thanksgiving Holiday weekend.
Nov. 11, 2020
Rapid COVID19 Test Patent Update
Patent filed May 18 Grant and Issuance will Occur within Two Weeks
We are pleased to announce the patent for rapid viral testing and diagnosis is scheduled for grant and issuance by the United States Patent and Trademark Office (USPTO) in less than two weeks. Information on the patent should be published in the USPTO Official Gazette for Patents on November 24th. Prior to that date both an international patent application under the Patent Cooperation Treaty (PCT) and a Continuation In Part (CIP) will be filed to broaden both the geographic and technological scope of the Intellectual Property protection and to add additional aspects to the technology that have been discovered or invented since the original application date.
Full details of the granted patent, with the complete list of twenty-five granted claims will be available upon Gazette publication.
Oct. 28, 2020
Narrative of Some Issues Faced By NanoLogix Since May Announcement of Rapid COVID19 test
Issues are Resolved and NanoLogix Is Proceeding with Technology Development and Awaiting the Allowed Patent Issuance
Appreciation to Congressman Tim Ryan for his Interest and Assistance in Resolution
NanoLogix is presenting this narrative to illustrate the unusual and unanticipated challenges that were presented to the Company beginning immediately after our announcement of the invention and the initial results for a rapid viral detection test technology applicable to COVID-19 and other viruses.
Within a few days of our May 3rd announcement covering this news, we were reported by an unknown party or parties to FINRA, the FDA, and the SEC.
During the course of these events, and until their resolution, we did not believe we could approach investors for funding necessary for the further development of the technology. Nor could we seek development partners until this "Matter" was resolved. NanoLogix was delayed and blocked for approximately five months until the resolution of the "Matter" with no action recommended.
For the full narrative, please follow this link:
https://nanologix.com/narrative-of-some-issues-faced-by-nanologix-since-may-announcement-of-rapid-covid19-test-and-since-resolved/
Oct. 14, 2020
NanoLogix Is Researching FDA EUA Requirements For COVID-19 Testing Related to Recently Allowed Patent
1st For Whole Virus Detection, 2nd For Antibody Detection
NanoLogix Welcomes David R. Barnhizer as Vice President For Strategic Analysis and Development
NanoLogix is researching FDA requirements for EUA's for two of the 25 covered claims in the recently allowed patent application focused upon Rapid Virus Detection. Now that there has been allowance for issue of the patent with all 25 claims allowed, NanoLogix can justify devoting resources to this process and specifics.
Upon successful results for work currently being performed by a third party to apply NanoLogix technology to a separate testing platform for COVID19 detection, other applications may follow. Once the patent is issued we will reveal the broad and detailed extent of allowed claims for this technology.
Within the next two weeks NanoLogix will be releasing a narrative detailing challenges that were presented to the Company from outside sources apparently opposed to either the technology development or the Company since our May release of the COVID19 news.
David Barnhizer is Professor of Law Emeritus at the Cleveland State University. He received law degrees from the Ohio State University where he graduated summa cum laude and from Harvard University where he was a Ford Foundation Urban Law Fellow, a CLEPR Clinical Teaching Fellow, and earned a Masters of Law degree. He was Articles Editor of the Ohio State Law Journal, and began his legal career as a Reginald Heber Smith Community Lawyer in Colorado with the Colorado Springs Legal Services Office.
He has been a Senior Research Fellow at the University of London's Institute for Advanced Legal Studies, a frequent Visiting Professor at the Westminster University School of Law in London, taught human rights and international environmental law in St. Petersburg, Russia in a joint program with St. Petersburg State University, and instructed in Harvard’s Intersession program in Trial Advocacy.
He has served as Senior Adviser in the International Program of the Natural Resources Defense Council (NRDC). He was a Senior Fellow with Earth Summit Watch, and a board member of the International Shrimp Action Network (ISANET) an international NGO network made up of more than twenty NGOs involved in environment, development and coastal zone management in developing countries. He was Executive Director of the Washington, DC-based Year 2000 Committee, and has consulted extensively with environmental and development organizations. These include the World Resources Institute, the International Institute for Environment and Development, the United Nations Development Program, the President’s Council on Environmental Quality, the World Bank, the United Nations Food and Agricultural Organization (FAO), the World Wildlife Fund, the Mongolian government, and the Center for Global Change.
In addition, he spent nine years as a member of the board of directors for Performance Capital Management, and was a strategic consultant for Sovonics Solar Systems, a subsidiary of British Petroleum. He also served as Rapporteur for the Foresight Capability Workshop of the Energy and Commerce Committee of the US House of Representatives and has worked on projects in conjunction with numerous federal agencies.
He has written over fifty law review articles and book chapters, and authored and edited a number of books, including The Warrior Lawyer, a work developing the strategic principles of Sun Tzu's Art of War and Musashi's A Book of Five Rings. Other books include Strategies for Sustainable Societies, Environment Cleveland, The Blues of a Revolution, two volumes on Effective Strategies for Protecting Human Rights, and Hypocrisy & Myth: The Hidden Order of the Rule of Law co-authored with Daniel Barnhizer.
The most recent book, co-authored with Michigan State University Professor of Law Daniel Barnhizer, is The Artificial Intelligence Contagion: Can Democracy Withstand the Imminent Transformation of Work, Wealth, and the Social Order? CONTAGION has been ranked as high as # 1 in Book Authority’s All-Time Top 100 books on Robotics and in the top ten in Book Authority’s All-Time list on artificial intelligence.
Oct. 8, 2020
NanoLogix Notified of Patent Allowance for Sub 1-Hour Covid-19 Detection Technology
Allowance for All 25 Patent Claims Issued September 8th, 3-1/2 months after May 18th Filing Date
Additional and related news to be released next week.
Oct. 5, 2020
NanoLogix Covid-19 Detection Test Update
Partial Funding received from NanoLogix Directors Options Exercise
NanoLogix has enlisted the services of a company with an advanced diagnostic platform that can deliver lab-quality results at point-of-care (POC). That company will perform an initial feasibility assessment of our COVID-19 viral assay on their rapid POC system. Partial funding for the first phase of the feasibility assessment is being provided through NanoLogix Director and Chief Medical Officer Dr. Jonathan Faro and Director Dr. Sebastian Faro exercise of options for 3 million shares. Those exercised shares are restricted from trading for a period of one year from issuance
The Directors' action reflects their belief in the NanoLogix rapid viral detection technology and its potential.
Independent laboratory work in Houston on a separate phase and aspect of the testing technology will begin after initial results from the above-mentioned work.
Aug. 7, 2020
NanoLogix Sub 1-Hour Covid-19 Detection Test Further Developments
NanoLogix Begins Collaborative Efforts With Diagnostic Company and an Independent Laboratory
NanoLogix announces it has begun working with two entities to refine and further develop its patent-pending Rapid Viral Assay for COVID19 and other viruses. One is a West Coast diagnostic company and the other a long-established independent Houston laboratory.
The overall intent of this work is to obtain results to enable a detailed submission of those results to the US FDA for the purpose of receiving an Emergency Use Authorization, enabling use of the technology as a Point of Care (POC) rapid test. Secondary benefits should be publication of the resulting data in the form of at least two peer-reviewed science/medical journal papers. Grant applications are anticipated by at least one of the partners to the work. The projections for the timeline for the work range from one+ month for the independent laboratory to more than three months for the diagnostic company.
While we have achieved results in less than one hour with our own laboratory work, indications from one of the entities are that the test can potentially be streamlined to the point where results may be obtained in as little as twenty minutes in a form that makes the test more user and consumer friendly. This projected ease of use positions the assay for potential home use if and when it is approved by the FDA.
NanoLogix has entered into mutual confidentiality agreements with both involved groups. We faithfully respect those agreements as essential to the success of business and technology development. In the past, when we have released information mentioning arrangements with others, such as the US EPA, the University of Texas Health Science Center in Houston, Battelle Biomedical research Center, and individuals recently employed or otherwise associated with NanoLogix, those groups began receiving calls and contacts from persons identifying themselves as shareholders of NanoLogix. The calls ranged from in subject from simple curiousity to demands to reveal the nature of the technology development and business relationship with NanoLogix. The effects were potentially damaging to NanoLogix and its interests, to include investors. We will not release further information regarding the recent associations until all parties are prepared to do so.
June 11, 2020
Sub-1-Hour Covid-19 Detection Technology Patent Pending Update
NanoLogix is pleased to announce we have received a notification, dated 06/03/20, from the US Patent and Trademark Office stating the application has been granted Prioritized Status under the new COVID-19 Prioritized Examination Pilot Program?.
"1. THE REQUEST FILED 18 May 2020 IS GRANTED.
The above-identified application has met the requirements for prioritized examination
A. For an original nonprovisional application (Track I).
2. The above-identified application will undergo prioritized examination. The application will be accorded special status throughout its entire course of prosecution..."
The significance of the USPTO granting of Prioritized Status is that the evaluation of the patent application under the new COVID-19 Prioritized Examination Pilot Program has been completed and the application has been accepted into the program. This Program has been initiated by the USPTO as a response to the Pandemic Crisis. We suggest readers access the USPTO and Federal Register link at the bottom of this update in order to fully understand the significance of the program.
In addition, NanoLogix is, and has been, in talks with multiple diagnostic and financial companies regarding development and potential partnering for use of the Rapid Viral Assay against the COVID-19 virus.
June 3, 2020
NanoLogix Seeks Development & Marketing Partner for Their Sub 1-Hour COVID-19 Detection Tests
HUBBARD, Ohio, June 3, 2020 /PRNewswire/ -- NanoLogix, Inc. (OTC: NNLX), an innovator in the rapid detection and identification of viruses and bacteria, is seeking a partner or partners for obtaining FDA Emergency Use Authorization, if required, and for development and marketing of their sub 1-hour COVID-19 Point of Care modified-ELISA detection test. This Rapid Viral Assay can also be configured for other viruses, such as, but not limited to, HIV, HPV, Hepatitis, MERS, and SARS-1. A Home-Test version of the COVID-19 test has the potential of 30-minute results using a nasopharyngeal swab or saliva samples.
CEO Bret Barnhizer stated: "NanoLogix does not possess the scale of production or marketing required for this essential test distribution for COVID-19. We cannot expand rapidly enough to meet the immediate need for testing. We have entered into Confidentiality Agreements with two diagnostic and financial groups in the last week for this purpose and are inviting additional interest."
Jonathan Faro, MD, PhD., Chief Medical Officer stated: "We are extremely excited over this technology development. It is a novel approach in diagnostics that provides a solution to the inherent problems with false positives and false negatives present in those tests currently being used in the war against COVID-19."
May 31, 2020
NanoLogix and COVID-19 Testing News
Realizing that many of our shareholders are from areas where they may not be aware of news coverage of NanoLogix developments, the Company is pleased to present the following links to articles written and interviews done during the month of May.
Warren Tribune:
https://www.tribtoday.com/news/local-news/2020/05/hubbard-based-nanologix-creates-rapid-covid-19-test/
Youngstown Vindicator:
https://www.vindy.com/opinion/brenda-j-linert/2020/05/all-roads-still-lead-to-the-mahoning-valley/
Youngstown Vindicator:
https://www.vindy.com/news/local-news/2020/05/fast-test-detects-variety-of-viruses/
Channel 27 (CBS) Youngstown:
https://www.youtube.com/watch?v=LrPoqVAH1No
Fox News 13 Tampa:
https://www.youtube.com/watch?v=HVcSchmwXgc
The Youngstown Vindicator is now published by the Warren Tribune, so while we link to one example, duplicate articles can be found for the same dates for both newspapers.
May 29, 2020
NanoLogix Rolls Out New Website With COVID-19 Testing Information
NanoLogix is pleased to announce their new website at www.nanologix.com. In visiting the website, please take note of the new PowerPoint titled: "Testing for COVID-19: Why current testing strategies don’t work" authored by Jonathan Faro, MD, PhD., and James Rogers, PhD., clearly presenting the reasons why the new NanoLogix COVID-19 detection technology is essential.
The Company is in the process of increasing its filled Petri plates product offerings with revised pricing on the Purchase Page so those pages are listed as under construction. That status will end in a few days and anyone currently needing to order can contact the Company directly. We continue to accept orders via email and phone.
May 18, 2020
NanoLogix Sub 1-Hour Covid-19 Detection Test Now Patent-Pending
Patent Application Filed Under New COVID-19 Prioritized Examination Pilot Program
NanoLogix is pleased to announce the filing of a patent application for use in the rapid testing for the Covid-19 virus. The application was filed under a new program instituted May 14th by the US Patent and Trademark Office. Now that Patent-Pending status has been obtained, we can reveal aspects of the technology that we were unable to mention in a prior update.
This Rapid Viral Assay is a modified ELISA technology that is not the same as our N-Assay modified ELISA.
While the initial focus for development was for the COVID-19 virus, it became obvious that the technology is not limited to one virus, but can be configured for many different viruses, such as HIV, HPV, Hepatitis, MERS, SARS-1 and others. As per the patent filing, the description is "Without Limitation".
An additional aspect of the test is that for the Home-Test configuration, we anticipate the potential of 30-minute results using a nasopharyngeal swab sample or saliva.
Jonathan Faro, MD, PhD., our Chief Medical Officer stated "We are extremely excited over this technology development, as it is a novel approach in diagnostics that provides a solution to the inherent problems with false positives and false negatives present in those tests currently being used in the war against COVID-19."
The US Patent Office program under which the filing was done can be accessed through the following link:
https://www.federalregister.gov/documents/2020/05/14/2020-10372/covid-19-prioritized-examination-pilot-program
May 3, 2020
NanoLogix Develops Sub 1-Hour Coronavirus 19 Detection Technology and Welcomes James Rogers, PhD as Chief Science Officer
Last week NanoLogix completed development testing of a unique Coronavirus (COVID-19) detection technology with sub 1-hour results and exceptional sensitivity and accuracy. The technology has the potential to be configured as a Point of Care (POC) and also for individual consumer use. The development work was performed in the NanoLogix Laboratory in Hubbard, Ohio. More information on the technology will be released in the near future in a formal press release.
----------------------
James Rogers, PhD, has more than 20 years of biomedical research experience within U.S. Government, contract research organization, and biotechnology industries. This experience includes serving as a Study Director, Principal Investigator, Subject Matter Expert (SME), and Operations Manager executing studies supporting research and development, testing and evaluation, preclinical, and clinical support studies.
From his more than 15 years working at Battelle, Dr. Rogers brings vast experience specializing in the testing and evaluation of medical countermeasures for biological and chemical threat agents. This experience includes transcriptomics/bioinformatics, microRNA analysis, and immunological techniques to investigate biochemical pathways underlying host responses as well as the identification of biomarkers and potential therapeutic targets. He led the development and qualification/validation of several molecular and immune assays to support immunogenicity evaluation, biodistribution studies of vaccines, and clinical trials. He also served as the SME and Program Director for projects that included persistence and decontamination of biological/chemical agents, diagnostic kit and detector testing, and immunotoxicology.
Dr. Rogers received his PhD in Biomedical Sciences from Wright State University, focusing on skin immunology and DNA vaccines. He worked as a post-doc for Geo-Centers, Inc. within the U.S. Air Force Research Laboratory at Wright-Patterson Air Force Base. His research focused on molecular mechanisms associated with volatile organic chemical-induced skin irritation using three-dimensional in vitro and in vivo models.
Dr. Rogers is an author on more than 60 scientific publications and book chapters, presented at national scientific meetings, actively serves on multiple scientific journal Editorial Boards, and served as Book Editor of Microarrays: Principles, Applications and Technologies (Nova Science Publishers, 2014).
----------------------
Dr. Rogers has been significantly involved in our development of the Coronavirus 19 detection technology. He is also the lead author on multiple peer-reviewed published research papers on NanoLogix technologies from his time at Battelle Biomedical Research Center. We at NanoLogix are extremely grateful to have him join our Team and look forward to a very positive future.
Mar. 24, 2020
NanoLogix Update - COVID-19 Second Hospital Donation
Brief note from Nanologix to its shareholders:
This morning the CEO of NanoLogix, on behalf of the Company, donated an additional 2,000 examination gloves to the Emergency Room staff at St. Elizabeth Hospital in Youngstown, Ohio for their use during the current COVID-19 crisis. They were received by the Nursing Manager at the ER who said they are appreciated and will be a great help to the staff.
Mar. 20, 2020
NanoLogix Update - COVID-19 Hospital Donation
Brief note from Nanologix to its shareholders:
This morning the CEO of NanoLogix, on behalf of the Company, donated 100+ surplus lab/protective coveralls and 1300 examination gloves to the Emergency Room staff at St. Elizabeth Hospital in Youngstown, Ohio for their use during the current COVID-19 crisis.
Mar. 15, 2020
NanoLogix Update - COVID-19 Detection
Last week the Company was contacted by a respected U.S. Government Contractor regarding our N-Assay Technology and its potential Coronavirus (COVID-19) testing capabilities.
We were informed by the contractor that they will bear all costs of configuration and testing of the N-Assay at their facilities. Following the conversation, NanoLogix sent a letter agreeing in principle to the proposal, which was rapidly acknowledged, and is awaiting a formal agreement from the contractor.
NanoLogix will not be supplying any materials or personnel for this process and our sole participation is on an Intellectual Property (Patent) basis, stemming from the N-Assay patent issued in 2015.
We will not be involved in the potential production of test kits if the contractor determines from the testing that N-Assay kits should be used in the fight against this Coronavirus. Should that happen, it would be done by a recognized producer under license.
We are hopeful that the N-Assay and one additional Point-of Care test we are developing will be useful tools for rapid detection of any pathogens that are threats to health.
A recap of our late-February Update:
While we believe our technology could be used to develop a rapid test for the Coronavirus, based upon preliminary development work done for detection of proteins associated with Ebola in 2014 and 2015, with <3.5 hours results, we do not have the resources to independently pursue development of a Coronavirus rapid test.
The Coronavirus may be a short-lived phenomenon that is no longer an issue within a few months; there are other tests that exist that may deliver reliable results in a few hours or days, and while an N-Assay test could potentially deliver results in minutes, it may not be viewed as worthwhile in a cost/benefit analysis by various agencies or institutions.
In conclusion, we are fully committed to our current work producing filled Petri plates and development work on Urinary Tract and Yeast Infection rapid detection development utilizing a unique screening test and our N-Assay modified ELISA process.
Feb. 28, 2020
Response to Coronavirus Queries both International and US
The Company continues to receive calls inquiring about Coronavirus (COVID-19) testing capabilities.
While we believe our technology could be used to develop a rapid test for the Coronavirus, based upon preliminary development work done for detection of proteins associated with Ebola in 2014, we do not have the resources to pursue development of a Coronavirus rapid test. There are a small number of BioSafety Level 4 labs in the US (4+/-) where development work on dangerous viruses can be done and their calendars are booked months to years in advance with daily costs that can run into tens of thousands of dollars. The Coronavirus may be a short-lived phenomenon that is no longer an issue within a few months; there are other tests that exist that may deliver reliable results in a few hours or a day, and while a test we develop may potentially deliver results in minutes, it may not be viewed as worthwhile in a cost:benefit analysis by various agencies or institutions.
In conclusion, we are fully committed to our current work on Urinary Tract and Yeast Infections rapid detection development utilizing a unique screening test and our N-Assay modified ELISA process.
Jan. 31, 2020
Response to Coronavirus Questions From Shareholders
Given a number of queries from shareholders asking if our technology could be used for rapid detection of the current Coronavirus originating in Wuhan, China we felt the following response is necessary:
Based upon positive preliminary research performed in 2014 with the N-Assay on Ebola virus protein markers, we believe both the N-Assay and the new Screening test currently under development have the potential for use in rapid detection of the Coronavirus. That said, given our focus on refinement of both the Screening Test and N-Assay Rapid Diagnostic for Urinary Tract and other bacterial and yeast infections, our limited resources as a small biotechnology company, along with the demonstrated historical lack of interest from potential partners and funders during the Ebola outbreak, we currently have no intention of individually pursuing development for Coronavirus detection without the assistance and cooperation of well-funded entities.
Jan. 14, 2020
NanoLogix PreTest Development Update
NanoLogix is pleased to provide an additional update on the Screening/Pretest and its potential as a standalone test.
An important aspect of the Bacteria and Yeast pretest revealed during Phase One development is the ability to detect and specifically identify Candida yeast infection in human fluids, with no cross-reactivity from other microorganisms. The importance of this is three-fold. The first aspect is that this Candida test is a FIVE-MINUTE TEST. The second is that it can be offered for consumer use in retail outlets, in addition to being used by clinicians for laboratories and medical offices. The third is that there is no other consumer test that specifically identifies Candida, and in doing so, we believe it will provide the ability for consumers to self-diagnose and treat a condition that affects a large percentage of the public.
Dec. 16, 2019
NanoLogix Update on Phase One PreTest Development
NanoLogix is pleased to provide an update on the development of a Screening/Pretest for use in conjunction with the N-Assay Rapid Bacteria Diagnostic.
The first phase of Proof of Concept/Principle development work in the UK by a company with Global operations began on October 1st and was completed the first week of December at a cost of roughly $100,000. This phase demonstrated very positive results for Point of Care screening for one specific Candida strain and to very promising results for two bacteria that constitute the primary threats present in Urinary Tract Infections (UTI).
This was a necessary first of four phases that will carry through to patient studies in Houston planned for 2020. The next phase of development will begin in March, after the manufacture and delivery of custom antibodies for the remaining bacteria and Candida.
This schedule will lead to marketing of both the N-Assay and its associated screening pretest for UTI projected for 2021.
The development work on a screening/pretest for seven bacteria and two strains of Candida, though initially focussed upon UTI, will enable NanoLogix to configure the test in a multitude of ways. In doing so, we will have the capability to rapidly and accurately test for possibly up to 15-20 different types of infections, with the ability to determine the specific bacterial cause, the severity of the infection, and the bacteria antibiotic resistance. We anticipate the tests will provide Point of Care and Clinical personnel the ability to dramatically increase both accuracy and speed of diagnosis and in doing so will provide a new weapon in the battle against the development of antibiotic resistance.
The purpose of the Pretest use with the N-Assay is to have a Pretest that will indicate the presence of a specific bacteria within minutes, for which the N-Assay can then be used to rapidly determine both the concentration of the bacteria and its sensitivity to various antibiotics, furnishing Point of Care (POC) personnel the ability to effectively treat the patient with the specific antibiotic required.
In our effort to secure additional funding to reach our goal of $3 million for development, expansion and marketing, we have been in contact with a number of non-NanoLogix-affiliated MDs who have expressed interest in the technology development. Those efforts will continue until we reach our funding requirements.
A PowerPoint presentation on the N-Assay Bacteria Diagnostic is included to illustrate just some of the advantages of the technology. The PowerPoint includes information on upper respiratory infections (URI), general sepsis infections, and sepsis infections related to infant low-birth weights. In future updates there will be information on shares of the diagnostic market devoted to each of those, and other infections for which configurations of the N-Assay are being explored.
A direct link to the PowerPoint is here:
http://nanologix.com/downloads/N-ASSAY-4-29-2019.pptx
It is also available on our website at:
http://nanologix.com/
The purpose of the Pretest use with the N-Assay is to have a Pretest that will indicate the presence of a specific bacteria with minutes, for which the N-Assay can then be used to rapidly determine both the concentration of the bacteria and its sensitivity to various antibiotics, furnishing Point of Care (POC) personnel the ability to effectively treat the patient with the specific antibiotic required.
Oct. 14, 2019
NanoLogix Provides Update on Development
NanoLogix is pleased to provide this brief update on the development on the N-Assay Bacteria Diagnostic Screening/Pretest. The development work in the UK by a company with Global operations began on October 1st and is in the first of four phases that will carry through to patient studies in Houston planned for 2020. This schedule will lead to marketing of both the N-Assay and its associated screening pretest for UTI (Urinary tract infections) projected for 2021.
The development work on a screening/pretest for seven bacteria and two strains of Candida, though initially focussed upon UTI, will enable NanoLogix to configure the test in a multitude of ways. In doing so, we will have the capability to rapidly and accurately test for possibly up to 15-20 different types of infections, with the ability to determine the specific bacterial cause, the severity of the infection, and the bacteria antibiotic resistance. We anticipate the tests will provide Point of Care and Clinical personnel the ability to dramatically increase both accuracy and speed of diagnosis and in doing so will provide a new weapon in the battle against the development of antibiotic resistance.
In step with the development plans, NanoLogix has requested assistance from the Youngstown State University's Career Center in locating and hiring two laboratory personnel for our Ohio Lab. These personnel will configure the N-Assay Diagnostic tests to conform with the results and efforts of the UK development company.
Aug. 21, 2019
NanoLogix Seeks $3 Million For Expansion and Development
Offers Net-Revenue Share of N-Assay Bacteria Diagnostic
NanoLogix is discussing with domestic and international investment groups, and is seeking additional interested parties, for an investment offer of a net-revenue interest share of the N-Assay Bacteria Diagnostic and its planned associated Pretest. In exchange for an investment of up to $3 million, NanoLogix proposes a five-year 3-5% net-revenue sharing arrangement beginning with the proposed marketing rollout of the N-Assay in 2021, following planned patient studies in Houston. The funds are to be used for company expansion, development, production and marketing for the N-Assay, Pretest, and FlatPack petri plate technologies. There is no stock issuance or dilution involved with the funding proposal.
Apr. 30, 2019
Enhanced Update on N-Assay
Overview and Potential in Multi-billion Dollar Diagnostics Market
NanoLogix has updated an important PowerPoint Presentation on the N-Assay Bacteria Diagnostic. The update includes additional information on Upper Repiratory Infections (URI), general Sepsis infections, and sepsis infections related to infant low-birth weights. In future updates there will be information on shares of the diagnostic market devoted to each of those, and other infections for which configurations of the N-Assay are being explored.
Apr. 2, 2019
Update on N-Assay
Overview and Potential in Multi-billion Diagnostics Market
NanoLogix is pleased to add an important PowerPoint Presentation update to our January 2019 statement of coordinated bacteria pretest development activity with two Biotechnology firms.
The PowerPoint Presentation can be viewed on the NanoLogix website at: http://nanologix.com/.
The purpose of the pre-test use with the N-Assay is to have a pre-test that will indicate the presence of a specific bacteria with minutes, for which the N-Assay can then be used to rapidly determine both the concentration of the bacteria and its sensitivity to various antibiotics, furnishing Point of Care (POC) personnel the ability to effectively treat the patient with the specific antibiotic required.
Jan. 16, 2019
Update on N-Assay Pretest Development
NIH Grant Application Submitted for Pre-test Development Study
NanoLogix is pleased to provide this update to our August 2018 statement of coordinated development activity with a California-based Biotechnology firm. The planning for a research study for development of a rapid pre-test for use with the patented Nanologix N-Assay bacteria diagnostic is proceeding, with staff selections completed, letters of recommendation from noted medical authorities written, and the submission last week of the grant application for the study to the NIH by our Silicon-Valley partner. The research study is planned for two major Houston hospitals, funded from both Federal Grants and a raise of investment capital.
The personnel agreeing to participate in the study are seven MDs, two research nurses, two microbiologists, at least two laboratory technicians, and the CEO of the California Biotechnology company. NanoLogix personnel and the CEO of the Biotechnology company have signed a mutual non-disclosure agreement limiting what can presently be revealed but once funding has been obtained and the study registered with the FDA and initiated, the identity of the pre-test development company should be available as public knowledge.
The purpose of the pre-test use with the N-Assay is to have a pre-test that will indicate the presence of a specific bacteria with minutes, for which the N-Assay can then be used to rapidly determine both the concentration of the bacteria and its sensitivity to various antibiotics, furnishing Point of Care (POC) personnel the ability to effectively treat the patient with the specific antibiotic required. This development will significantly reduce reliance upon broad-spectrum antibiotics, which contribute to the major worldwide problem of the development of antibiotic-resistance for many bacteria.
The current focus of this NIH grant application is on Group B Streptococcus (GBS). We are currently discussing Urinary Tract Infection (UTI) diagnostic test development with other companies and plan to proceed concurrently with studies for that development.
NanoLogix has also agreed to fund an existing laboratory in Houston currently in use as a clinical laboratory for the medical group associated with Dr Jonathan Faro. This lab will be crucial to the testing of patient samples during the upcoming study.
Although our partner has a very successful record of receiving grants for development, neither NanoLogix nor our partner in the GBS pretest development can guarantee that the NIH grant will be awarded for this project. With that in mind, nanoLogix is continuing to pursue alternative funding for both the GBS and UTI pretest development, including international sale or licensing of the FlatPack extended-life petri plate packaging technology.
Dec. 19, 2018
Nigeria FlatPack Patent Granted
NanoLogix is extremely pleased to have received notification of grant from the patent firm of Spoor and Fisher of the acceptance and grant in Nigeria for their unique and exclusively licensed petri plate plate packaging system known as the FlatPack. The FlatPack, a method of vacuum-packing of petri plates in an inert gas environment, enables long term storage of many types of petri plates at room temperature for two years or more without deterioration of the nutrient agar contained in the filled plates. Standard storage times and conditions for competitors' petri plates are normally three months in a refrigerated environment. The potential economic impact of long term high quality non-refrigerated agar-filled petri plates is significant, with daily use of agar-filled petri plates worldwide numbering in the millions and access to both guaranteed-quality agar plates and dependable refrigeration for storage varying widely from area to area.
This Nigeria patent grant follows FlatPack patent grants in the USA, Peoples Republic of China, South Africa, New Zealand, Chile, Mexico, and the European Union.
Efforts are ongoing for both license and/or sale of the FlatPack rights in countries outside of the USA, with varied levels of interest from manufacturers.
A research paper by a renowned Biomedical Research Center on the qualities of FlatPacked petri plates in a comparison test with competitors can be accessed here:
http://medcraveonline.com/JMEN/JMEN-03-00075.pdf
For reference, this patent took nearly 7-1/2 years to be issued from the date or Patent Cooperation Treaty (PCT) filing.
Oct. 26, 2018
N-Assay Summary for upcoming NanoLogix Website
New write up that will be posted on our new website soon for our patented diagnostic. Comments and interest welcomed:
Nanologix' N-Assay offers an innovative solutions to a major problem that has plagued physicians over the years.
In medicine, nothing gets a clinician's attention like sepsis. When one has seen a patient who had previously been doing just fine suddenly take a turn for the worse, management decisions must be made without hesitation. In the case of a septic patient, seconds mean the difference between life and death, and minutes are a luxury that neither the clinician nor the patient may afford. The post-operative patient, the post-partum patient, the ICU patient... any patient is at risk of encountering a virulent pathogen in the hospital, and without an astute clinician ready to respond, serious consequences will occur. It's not surprising that the Infectious Disease Society of America estimates just this year that treating infections cost 21 to 34 billion dollars annually, in the US alone.
Clinicians currently have two techniques at their disposal when treating a presumed infection -culture, and PCR. The traditional technique of culture is labor intensive, requires laboratory-trained personnel, and correctly obtained, viable material. Although this method is relatively inexpensive, it is incredibly time-consuming. Patients often find it hard to believe that obtaining a culture result and antibiotic sensitivity profile may take 5 days! While the clinician is waiting for the results, they are throwing everything they've got at the possible infection. This is truly an empiric approach, and here it pays to have an experienced clinician by your side.
The alternative method, PCR, is much faster, much more sensitive, but also much more expensive. This newer technique also costs a great deal more, and requires highly trained personnel to operate the devices. These machines also incur a large capital investment by the hospital, as well as annual maintenance. In spite of the strengths of PCR, it also has weaknesses -it is unable to differentiate the difference between live/dead bacteria, and can not provide estimates relating to the degree of the inoculum. This information is essential for the clinician in directing targeted therapy, so again, they are ultimately forced to rely on their experience when treating the patient.
Regardless of one's opinion as to whether culture or PCR is the better option, the data over the last few decades shows the depressing truth -neither option is offering us any real advantage. This is made clear when one looks at the development of antibiotic resistance. These bugs have continued to grow and evolve, and a few years ago, a gonorrhea "super-bug" was isolated -showing resistance to every antibiotic available. We are clearly losing the war against these single-cell enemies!
In answer to this major problem, we have developed and patented an approach that takes all of the advantages of both culture and PCR (specificity, sensitivity, speed, and accuracy as well as ease of use), and none of the disadvantages. This technique, termed the N-Assay, is an antibody-based assay that targets potentially any bacterial pathogen (and has also been seen to detect yeast), in as little as 30 minutes. In addition, when incubated for 6 hours, this test not only provides a bacterial identification, but also allows the clinician to determine which antibiotic will work in treating the infection. This test will dramatically shorten the amount of time required for a clinician to wait when treating the ill patient, and should ultimately save billions in healthcare spending. Furthermore, by more accurately targeting the right bacterium with the correct antibiotic, we should drastically reduce the incidence in antimicrobial resistance.
We have already used a pilot version of this test in detecting group B streptococcus colonization in pregnant women, and have won an award at an OB GYN conference when presenting our data. The clinicians see that this test has tremendous potential, and are eager for it to be available, as they simply need better methods to more accurate diagnose infection. With the right resources, we will be able to expand this test to additional bacterial pathogens, such as E. coli, Enterococcus, MRSA, and any other clinically relevant pathogen.
Sept. 7, 2018
Notice of Upcoming NanoLogix Website Revision
Request For Confirmation of Continuing Interest From Newsletter Subscribers
NanoLogix is pleased to announce the Company website will be extensively revised and updated during September and October. The Company requests that those Newsletter Subscribers who are interested in continuing to receive updates of NanoLogix news through our iContact news service to send a confirmation email to: info@nanologix.com
This revision will enable the Company to significantly improve the website, providing the ability to respond rapidly to business events and to quickly furnish business, technology, and hospital study updates.
Aug. 20, 2018
NanoLogix Attends Series of Meetings In Houston
Preparation for Pre-test Development Study
NanoLogix is pleased to announce their attendance at a series of meetings in Houston with Drs. Sebastian and Jonathan Faro and the CEO of a California-based Biotechnology firm. The purpose of the meetings was for coordinating forces for a research study for development of a rapid pre-test for use with the patented Nanologix N-Assay bacteria diagnostic. The meetings dealt with organization and staffing of a research study at two major Houston hospitals, funded from both Federal Grants and a raise of investment capital, and the specific personnel required for the successful execution of the study. The personnel agreeing to participate in the study are seven MDs, two research nurses, two microbiologists, at least two laboratory technicians, and the CEO of the California Biotechnology company. NanoLogix personnel and the CEO of the Biotechnology company have signed a mutual non-disclosure agreement limiting what can presently be revealed but once funding has been obtained and the study registered with the FDA and initiated, the identity of the pre-test development company should be available as public knowledge.
The purpose of the pre-test use with the N-Assay is to have a pre-test that will indicate the presence of a specific bacteria with minutes, for which the N-Assay can then be used to rapidly determine both the concentration of the bacteria and its sensitivity to various antibiotics, furnishing Point of Care (POC) personnel the ability to effectively treat the patient with the specific antibiotic required. This development will significantly reduce reliance upon broad-spectrum antibiotics, which contribute to the major worldwide problem of the development of antibiotic-resistance for many bacteria.
NanoLogix has also agreed to fund an existing laboratory in Houston currently in use as a clinical laboratory for the medical group associated with Dr Jonathan Faro. This lab will be crucial to the testing of patient samples during the upcoming study.
Dr. Jonathan Faro, PhD, MD stated: "These are incredibly exciting times for Nanologix. Seeing this study begin to crystallize has been invigorating, and it's wonderful to see other health care providers share an interest in our test, which is the leading diagnostic assay in bacterial identification and determination of antibiotic susceptibility. When speaking with nurses and other doctors, it's extraordinary to see their enthusiasm for the test --- we have found the right home for a study of this magnitude."
July 16, 2018
NanoLogix Welcomes Dr. Jonathan Faro to Board of Directors
Jonathan Faro, PhD, MD, joins as Director of Medical Development
NanoLogix is pleased to announce the addition of Jonathan Faro, PhD, MD to the Company's Board of Directors. Dr. Faro is the co-inventor of the N-Assay modified ELISA bacteria-detection and identification technology and primary author of a number of published peer-reviewed research papers on the technology.
Dr. Faro's statement:
I am very excited to have joined the Board of Directors at NanoLogix, Inc. As the Director for Medical Development, I will serve a direct role in advocating for the goals of the company, and plan to work alongside the CEO and other boardmembers to further development of the N-Assay. With their support, I have several goals that I aim to achieve. First and foremost, several studies need to be initiated. In addition to a large, multi-site study involving both private and academic centers, we will work on establishing multiple small-scale studies. Each of these will focus on the unique strengths of the N-Assay, so that clinicians will see that the assay is superior to anything currently on the market. We will focus on a four-pronged approach:
A) Speed of pathogen identification, providing clinicians with an accurate result far faster than that of culture,
B) Determination of antimicrobial resistance, so that clinicians may target their approach quickly, and begin seeing results faster than with any other technology on the market.
C) Offer clinicians novel approaches in treating infectious diseases, so that we stop the continued development of antimicrobial resistance.
D) Offer cheaper tests that do not increase the burden on national and international healthcare resources.
This final goal will have the benefit of taking NanoLogix not just through the US market, but will allow it to gain steady footing in the global market, which is necessary in order to truly help in limiting the spread of antimicrobial resistance, which currently claims approximately 700,000 lives per year. Although each of these goals will require considerable time, effort, and financial support, we have already begun the process of building in-roads with multiple well-respected clinical collaborators. These next several months certainly will be very exciting times for both myself and for NanoLogix!
Apr. 19, 2018
Update On Petri FlatPack International Patent Status
Pursuant to NanoLogix' International Patent Offering
NanoLogix is pleased to announce payment yesterday (18 April 2018) of annuities for the FlatPack petri plate extended-life packaging patent in the EU and other granting countries. These annuity payments were made possible through a long time shareholder's efforts and the resulting receipt of funds by the Company from a new investor. The importance of the annuity payments cannot be overstated for the development of Nanologix --- sale and/or licensing of the FlatPack Patents internationally is projected to provide funding for the Company's expansion of agar-filled petri plate production in the USA and to complete development and pursue marketing of both the N-Assay modified ELISA rapid bacteria diagnostic test and its associated Pre-test.
Without the potential to monetize the international patent assets the Company's development would depend upon domestic organic growth only, a process that while steady, would not meet NanoLogix' needs for rapid expansion.
Apr. 11, 2018
Further European Patent Office Information on FlatPack Patent for Sale and Licensing
International Patent Offering
NanoLogix is pleased to announce receipt today (dated 11 April 2018) of notice from the European Patent Office (EPO) of the expiration of the nine-month opposition filing period for the FlatPack petri plate extended-life packaging patent (European Patent No. 2699491). The reason for this update from Nanologix is to inform all interested parties that out of the fourteen signatory countries chosen and paid for the registration and validation of the Flatpack Patent in early September 2017, prior to the receipt of this notice from the EPO, of the signatory states for the EU Patent treaty only the three non-EU member states of Sweden, Croatia, and Turkey had published notice of validation of the Flatpack patent in their respective patent bulletins.
Notice from the EPO states: "The entry in the Register of European Patents will be automatically generated by the electronic data processing system".
Further information from this notice: "This European patent has become wholly equivalent to a bundle of national patents in the designated states in which the patent was validated".
The publication in the EU Patent Registry is the essential and final step to enable NanoLogix to offer a fully registered and validated patent in the EU for license and/or sale. This step is in accordance with the Company's stated goal of using receipts from those efforts to fund expansion of agar-filled petri plate production in the US and complete development and pursue marketing of both the N-Assay modified ELISA rapid bacteria diagnostic test and its associated Pre-test.
The Company is currently seeking to raise $30,000 for the April payment of the international annuities for the issued FlatPack patents and pending applications in the following countries:
Issued: China, New Zealand, Chile, Mexico, South Africa, UK, Germany, Sweden, France, Spain, Italy, Switzerland, Serbia, Croatia, Turkey, Denmark, Ireland, Poland, and the Netherlands.
Pending: Brazil, Canada
Nov. 27, 2017
Update on Patents Offered for Sale, UTI Presentation at CAOG, and NSF Grant Application
International Patent Offering
NanoLogix is pleased to provide this update on the ongoing work on the sale of the European and China issued FlatPack patents, the poster presentation dealing with the seriousness of the threat from Urinary Tract Infections (UTI) with the need for new rapid methods for diagnostics for UTI infections, and an in-process application to the National Science Foundation for a $1.5 million grant.
Since our first announcement of the offer of 12 July we have registered the patent in fourteen EU Patent Agreement signatory countries. That registration was completed by 7 September. At that time the official status of the FlatPack patent in Europe was recognized in those fourteen countries. Since 7 September, two of those countries, Sweden and Croatia, out of the fourteen countries in which the patent has been registered, have published that information in either their own national patent bulletins or the EU Patent bulletin. This publication step is generally required in order for a formal acceptance of the patent validity by interested parties. NanoLogix has no control over the timing of individual Country publication and hopes the remainder of the bulletin notifications could be completed by the end of the current quarter, fully realizing each country involved possesses its own separate bureaucracy and timetables. That stated, we are pleased to have had interest in the technology from companies in three European and adjacent countries.
For the offering of the FlatPack patent in China we are using the services of a broker in Asia and have as yet to receive notice of significant interest. China and Intellectual property rights have an interesting and varied history so we hope to find a large entity in China with the vision to recognize, acquire, and protect the granted China patent rights.
Central Association of Obstetricians and Gynecologists
Dr. Jonathan Faro, PhD, MD presented the following poster at the CAOG Annual Meeting in Scottsdale, Arizona:
Well done!
My response:
Josh.
Your assertion that the Delaware action I am filing today is barred by res judicata misrepresents both the legal record and the governing law and “utterly meritless”. The federal court dismissed the prior action without prejudice, based solely on its view that the claims as pled were derivative — a procedural determination that does not constitute an adjudication on the merits and does not trigger claim preclusion. This is black-letter law:
“A dismissal without prejudice does not operate as an adjudication on the merits, and therefore does not have claim-preclusive effect under the doctrine of res judicata.” – Costello v. United States, 365 U.S. 265, 286 (1961)
“A dismissal for lack of standing is not an adjudication on the merits, and thus does not preclude a subsequent action by a party with standing.” – Elkadrawy v. Vanguard Group, Inc., 584 F.3d 169, 172 (3d Cir. 2009)
I am now pursuing a claim in Delaware Chancery solely related to the ownership of patents developed during NanoLogix’s active years — patents that were funded, promoted, and prosecuted on behalf of the corporation. The claim seeks classic equitable relief and is entirely proper under Delaware fiduciary law. If Jon is confident in his legal position, he will have every opportunity to present his defense.
However, your threat of initiating personal litigation against me is both inappropriate and revealing. Let me be clear: I have acted in good faith throughout. But if Jon believes he is immune from scrutiny, he should revisit his own record.
Jon served for years as a purported director of NanoLogix, yet never participated in a single directors’ meeting because, by his own admission, none were ever held. There was never a shareholder meeting during his tenure either. When he inquired why, he has stated that Barnhizer claimed it was “too expensive.” Jon supposedly offered to pay those expenses and was refused. At that point, he had an obligation to resign — and to disclose publicly why the board had ceased to function. He chose not to.
Instead, while the company was void under Delaware law, he invested funds in exchange for options tied to a technology the company promoted as its own. He allowed the public — and shareholders — to believe that the company owned the patents. He issued and was quoted in press releases announcing corporate ownership of those patents. And now, after benefiting from that public positioning and fiduciary role, he claims the patents are his personal property.
He is no choir boy, and he is hardly in a position to threaten others with litigation. If there is concern about exposure, it should be on his side. He acted for years in a fiduciary capacity and failed to protect corporate governance, shareholder rights, or public transparency while hundreds possibly thousands of investors were purchasing millions of share of stock. If anything, he should be concerned about being the subject — not the initiator — of further legal proceedings.
That said, I remain willing to resolve this matter efficiently and respectfully. The issue is narrow: who owns the patents. I continue to believe a consensual resolution is in everyone’s interest. If Jon is unwilling to reach agreement now, I will proceed with the Chancery filing and seek appropriate equitable relief.
Tom
Faro attorney response:
Tom,
Your threatened legal claim against Jon Faro is utterly meritless and we will vigorously defend it if you proceed. A federal court has already determined that you lack standing to sue derivatively on behalf of Nanologix. That ruling is res judicata and will preclude any claim in Delaware. Jon Faro will also seek sanctions against you for a campaign of frivolous litigation and harassment.
That said, and without prejudice, if you have a settlement proposal to make, please provide it for consideration. I cannot, however, contemplate how this "dispute" could be consensually resolved with the necessary protections for the Faros.
All rights and remedies are reserved, and none are waived.
Josh
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