Annual report pursuant to Section 13 and 15(d)

Acquisition of patents

Acquisition of patents
12 Months Ended
May 31, 2018
Acquisition of patents

Note 7 – Acquisition of patents

As discussed in Note 9 below, the Company consummated an asset purchase on October 16, 2012, and paid $3,500,000 for certain assets, including intellectual property, certain related licenses and sublicenses, FDA filings and various forms of the PRO 140 drug substance. The Company followed the guidance in Financial Accounting Standards Topic 805 to determine if the Company acquired a business. Based on the prescribed accounting, the Company acquired assets and not a business. As of May 31, 2018, the Company has recorded and is amortizing $3,500,000 of intangible assets in the form of patents. The Company estimates the acquired patents have an estimated life of ten years. Subsequent to the acquisition date, the Company has continued to expand, amend and file new patents central to its current clinical trial strategies, which, in turn, have extended the protection period for certain methods of using PRO 140 and formulations comprising PRO 140 out through at least 2031 and 2038, respectively, in various countries.

The following presents intangible assets activity:


     May 31, 2018      May 31, 2017  

Gross carrying amounts

   $ 3,500,000      $ 3,500,000  

Accumulated amortization

     (1,968,846      (1,618,770







Total amortizable intangible assets, net

     1,531,154        1,881,230  

Patents currently not amortized

     35,989        35,989  







Carrying value of intangibles, net

   $ 1,567,143      $ 1,917,219  







Amortization expense related to intangible patents was approximately $350,000 for each of the fiscal years ended May 31, 2018, May 31, 2017 and May 31, 2016. The estimated aggregate future amortization expense related to the Company’s intangible assets with finite lives is estimated to be approximately $350,000 per year over the next four to five years.