I still believe that if Whelan found some ambition and did this, the company would succeed:
1. Take a chance and borrow some money.
2. Hire a marketing guru to build an Infomercial and TV-ad campaign to market the ActiPatch to the masses.
3. Hire an ex-jock shill or two (think George Foreman or Joe Montana).
4. Sell or give away the Try-and-See version in conjunction with the 720-hour ActiPatch.
Forget about clinical trials and FDA submissions for ActiPatch v2 -- they already have packaging and the infrastructure for ActiPatch v1. RecoveryRx might be a nice side gig but it's a one-and-done kind of sale that isn't going to make anyone rich. And forget about the OEM Partner business model: It sucked. It failed. Scrap it. OEM works for manufacturers who already have a large market, like OEM car part manufacturers, but BIEL does not have a large market.
Someone else could do this since the patents have expired and I doubt Whelan will reinstate the patents -- it would take ambition but an enterprising entrepreneur could start a corporation and try it, and if they fail, file for BK and walk away with no personal money lost. The seed money would be the tricky part. The entrepreneur would need to design packaging but the device is already FDA cleared. And the irony is that BIEL wouldn't compete in the infomercial / advertising blitz arena. They are content to sit on their hands and hope DonJoy and KT Tape put some significant advertising dollars into their ActiPatch products, which, I'm sorry to say, would have happened by now if it were going to happen.
As for the rumor that some entity will buy BIEL and do this -- buy what? There is no IP. Buy the packaging? For a couple $$$ million, maybe.
I'm not even sure Whelan can reinstate the patents now. She had a two-year window when she could have reinstated the patents while saying it was unintentional, but that window closed in July 2023. Now she has to claim it was "unavoidable" and the USPTO has to accept her explanation as to why letting the patents lapse was unavoidable. What can she say? The company clearly had the money in 2021 -- that was the year they were bragging about the huge revenue increases. It was only a couple thousand bucks.