In an exhibit to the 10-K filed on 9/30/13 the Company lists the "Intellectual Property Acquired from Polymedix", one of which was a patent application entitled "Compounds and Methods for Treating Candidiasis and Aspergillus Infections", described this way: "The application relates to compositions and use of anti-fungal compounds." That was the first ever use of the term "antifungal" by Cellecutix in a filing. There is no question that CTIX acquired that application from Polymedix.
A review of the history of the application of that patent (I'm sure you can find it....start at USPTO.gov) shows that there were 4 inventors and that 3 of those inventors, including Dr. Scott now of Fox, assigned their rights to CTIX prior to the issuance of the patent itself and the fourth, Dr. Gil Diamond, University of Medicine and Dentistry of New Jersey, who had led the presentations at PM's anti-fungal exhibitions, assigned his interest to Rutgers. The PolyMedix anti-fungal compound was identified as PMX-10098, as distinguished from PMX-30063 which we know as Brilacidin.
In a 9/16/13 CTIX PR updating investors on the acquisition entitled Cellceutix Completes Acquisition of PolyMedix Assets, Immediately Plans Brilacidin(TM) Phase 2b Clinical Trial for Acute Bacterial Skin and Skin Structure Infections (ABSSSI) and Phase 2 Clinical Trial for Oral Mucositis the Company said this: "The Company has also started reviewing other newly acquired compounds and, in particular, sees strong possibilities in PMX-10098 for fungal infections."
Those are some of the reasons that I felt that it is appropriate to ask "What does the University of Pennsylvania have to do with anti-fungals and what do anti-fungals have to do with Brilacidin?"
The next 10-K filing said this and it's the basis for my initial questions: "As research at the Company is now focused on supporting its clinical trials, we have reduced costs associated with the licensing of intellectual property for gram-negative bacteria and anti-fungal compounds by returning our patent portfolio titled “Compounds and Methods for Treating Candidiasis and Aspergillus Infections” back to the university co-licensor. The Company at this time does not have any active gram-negative or anti-fungal programs and therefore has decided not to pay for the maintenance of these patent rights."
There have been a number of discussions about just what was being returned but they have all centered around the assumption that the patent "portfolio" was being returned to the University of Pennsylvania and it turns out that the co-licensor for the patent entitled “Compounds and Methods for Treating Candidiasis and Aspergillus Infections” is Rutgers. No wonder it wasn't easily resolved.
The footnotes in the IPIX IP table in the 2015 10-K for the patent in question showed "Patent family co-owned with Rutgers, The State University of New Jersey." (Obviously that doesn't describe the Brilacidin patent family). The 10-Ks issued since then have not shown that footnote and continue to merely describe the unnamed Rutgers as "the university co-licensor".
So what, one might ask? It's the same issue I tried to raise earlier. If, as they say in the most recent 10Ks, "The Company at this time does not have any active gram-negative or anti-fungal programs and therefore has decided not to pay for the maintenance of these patent rights", then what programs were they talking about a few days ago when they conveyed SOMETHING that was described as "all discovery, intellectual property and commercialization rights related to its share of their joint antifungal drug program." And if that program involved the patent entitled Compounds and Methods for Treating Candidiasis and Aspergillus Infections, does Fox know that IPIX sent that patent back to RUTGERS and that the USPTO has designated it as Abandoned?
All of this could be resolved by a simple filing or two. The original agreement with Fox which would describe "their joint antifungal drug program" and the amendment to that program that the parties just agreed to.