SiNtx Technologies Inc (SINT)

[boston745]

In 2017 the results of testing of Sintx femoral head coupled against Zimmer Biomets (originally Biomet IP) E1 liner was announced. Within the press release it was disclosed that Sintx and Zimmer Biomet both donated IP for testing but that neither company sponsored the testing. Consulting for testing was provided by Sintx scientific advisor Dr Pezzotti, amoung others, who has also done extensive testing for Biomet on its liners like E1 & Arcom products. Thus he is intimately familiar with both companies IP. See my post on Dr Pezzotti's Biomet related research. It is for this reason, and others, i have said that Zimmer Biomet is a stakeholder in Sintx. It had interest in the results of this testing. The fact that before this, in 2007, the results of co-sponsored testing involving Sintx femoral head and Biomets liner only further validates the statement. That coupled with the fact that Dr. Pezzotti does work for both companies.

This independent wear study was conducted in accordance with international standards at the Medical Technology Laboratory of the Rizzoli Orthopaedic Institute (Bologna, Italy) by Professor Aldo Toni MD under the supervision of Dr. Saverio Affatato PhD (Rizzoli Institute) with consultation and support from Professor Giuseppe Pezzotti PhD (Ceramic Physics Laboratory, Kyoto Institute of Technology, Sakyo-ku, Kyoto Japan). Amedica and Zimmer-Biomet (Tokyo Office) provided the femoral heads and acetabular liners; however, neither company actively sponsored the research.

The press release disclosing this was in February 2017. In the following months, Q2 of 2017, Zimmer Biomet paid a 2.5m payment for Certain R&D related expenses. For the longest time i thought the payment was a milestone payment for IP connected to the above testing. However Certain R&D payments are issued for acquiring IP for research purposes that will not be used for products in the future. Given Dr Pezzottis relationship with Zimmer Biomet id hedge to guess that Zimmer paid his research department. Only an investigation of the money trail will tell us for certain, but we know where the money likely ended up, as shown below.

Certain R&D agreements relate to agreements with upfront payments to obtain intellectual property to be used in R&D projects that have no alternative future use in other projects.

My theory is simple, this 2.5m was paid for IP related to the testing that was disclosed in the February 2017 press release. The main issue ive ran into is that i do not know who Zimmer Biomet paid the 2.5m to. It certainly was not Sintx. This part is speculation but if something easily found out by those with the proper resources. It could have been paid to Dr. Pezzotti's research lab, Kyoto Institute itself where Dr Pezzotti works, or even University of Missouri where Dr Bal conducts his testing of Si3n4 based products for Sintx as he also has done work for Zimmer in the past. However the funds were not paid to Dr Bal as this was not disclosed. There would have had to be a middleman if the 2.5m paid by Zimmer Biomet was used by Dr. Bals investment company to loan to Sintx.

July 2017, Dr Bal, through his investment company, loaned Sintx the same amount, 2.5m for 10% interest. As the loan was done through Dr Bals investment company the 2.5m could have been from others than himself. As to which PERSON (individual or business entity) that received the 2.5m from Zimmer Biomet that may have used those funds to loan to Sintx via Dr Bal's investment company, i do not know for certain?

On July 28, 2017, Amedica Corporation (“Amedica” or the “Company”) closed on a $2.5 million term loan (the Loan”) with North Stadium Investments, LLC (“North Stadium”), a company owned and controlled by the Company’s Chief Executive Officer and Chairman of the Board, Dr. Sonny Bal. In connection with the Loan, the Company issued to North Stadium, a Secured Promissory Note in the amount of $2.5 million (the “Note”). The Note bears interest at the rate of 10% per annum, requires the Company to make monthly interest only payments for a period of 12 months, and principal and any unpaid accrued interest are due and payable 12 months from the effective date of the Note, July 28, 2017. The Note is secured by substantially all of the assets of the Company pursuant to a security agreement between the Company and North Stadium dated July 28, 2017 (the “Security Agreement”), and is junior to the already existing security interest in such assets of the Company held by Hercules Capital, Inc. In connection with the Loan and as additional consideration for the Loan, the Company issued to North Stadium a warrant to acquire up to 660,000 common shares with a purchase price set at $0.42 per share and a 5 year term (the “Warrant”).

What the evidence suggests to me is that Zimmer Biomet paid an entity connected with this research and this entity loaned Sintx the 2.5m at 10% and warrants though Dr Bal's investment firm. Furthermore, this loan worked as a bridge to secure Sintx IP once Hercules loan was paid off as indicated in the above quote. This loan protected Sintx Core IP until about the time that CTL took over this role. If Zimmer Biomet is indeed a stakeholder as the evidence shows, it would certainly want to see Sintx IP protected from other entities. However for it to exert this sort of influence, it would need PERSONS connected to it that it could influence like Dr. Bal & Pezzotti and/or the institutions they are connected to.


Quote Sources

1. https://ir.sintx.com/news-events/press-releases/detail/95/amedica-announces-results-of-independent-femoral-head-wear
2. https://www.sec.gov/Archives/edgar/data/1136869/000156459017016390/zbh-10q_20170630.htm pg 57
3. https://www.sec.gov/Archives/edgar/data/1136869/000156459018003549/zbh-10k_20171231.htm pg 55
4. https://www.sec.gov/Archives/edgar/data/1269026/000149315217008482/form8-k.htm