Annual report pursuant to Section 13 and 15(d)

Intangible Assets

v2.4.1.9
Intangible Assets
 12 Months Ended
Dec. 31, 2014
Intangible Assets  
Intangible Assets

 

5.Intangible Assets

 

The Company’s intangible assets consist of the following:

 

 

 

December 31,
2014

 

December 31,
2013

 

 

 

 

 

 

 

License agreements

 

$
850,859

 

$
816,300

 

Patents

 
79,996

 
62,553

 

Less: accumulated amortization

 
(353,681

)
(308,457

)

Intangible assets, net 

 

$
577,174

 

$
570,396

 

 

License agreements are being amortized over periods ranging from 17-20 years. Patent costs were being amortized over three years. As of December 31, 2014, the patents were fully amortized, the remaining patents of $79,996 are pending patent costs and are not amortizable. Amortization expense for 2014 and 2013 was approximately $45,000 and $59,000, respectively. As of December 31, 2014, future amortization of license agreements is expected to be $47,000 for 2015 through 2019.

 

In 2014 and 2013, the Company performed an evaluation of certain patents and determined that the carrying value of such patents were not recoverable and exceeded their estimated fair value.  As a result, the Company recorded in the year ended December 31, 2014 and 2013 an impairment loss of $0 and $9,424, respectively, to reduce these patents to their estimated fair value.

 

License Agreements

 

The Company has entered into license agreements (the “License Agreements”) with the University of Florida Research Foundation (“UFRF”) and University of Texas at Austin (“UTA”). Under the terms of the License Agreements, the Company acquired exclusive worldwide licenses for underlying technology used in repairing and regenerating nerves. The licensed technologies include the rights to issued patents and patents pending in the United States and international markets. The effective term of the License Agreements extends through the term of the related patents and the agreements may be terminated by the Company with 60 days prior written notice. Additionally, in the event of default, licensors may terminate an agreement if the Company fails to cure a breach after written notice. The License Agreements contain the key terms listed below:

 

·

AxoGen pays royalty fees ranging from 1% to 3% under the License Agreements based on net sales of licensed products. One of the agreements also contains a minimum royalty of $12,500 per quarter, which may include a credit in future quarters in the same calendar year for the amount the minimum royalty exceeds the royalty fees. Also, when AxoGen pays royalties to more than one licensor for sales of the same product, a royalty stack cap applies, capping total royalties at 3.75%;

 

·

If AxoGen sublicenses technologies covered by the License Agreements to third parties, AxoGen would pay a percentage of sublicense fees received from the third party to the licensor. Currently, AxoGen does not sublicense any technologies covered by License Agreements. The Company is not considered a sub-licensee under the License Agreements and does not owe any sub-licensee fees for its own use of the technologies;

 

·

AxoGen reimburses the licensors for certain legal expenses incurred for patent prosecution and defense of the technologies covered by the License Agreements; and

 

·

Currently, under one of the License Agreements, AxoGen would owe a $15,000 milestone fee upon receiving a Phase II Small Business Innovation Research or Phase II Small Business Technology Transfer grant involving the licensed technology. The Company has not received either grant and does not owe such a milestone fee. Other milestone fees are due if AxoGen develops certain pharmaceutical or medical device products under the License Agreements. No such products are currently under development.

 

Royalty fees were approximately $329,000 and $230,000 during 2014 and 2013 and are included in sales and marketing expense on the accompanying consolidated statements of operations.