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Note 3 - Distribution, Licensing and Collaboration Arrangements
9 Months Ended
Sep. 30, 2019
Notes to Financial Statements  
Distributors and License Agreement [Text Block]
Note
3
– Distribution, Licensing and Collaboration Arrangements
 
Collaboration Agreement with Restorix Health
 
On
March 22, 2016,
we entered into a Collaboration Agreement with Restorix Health (“Restorix”), pursuant to which we agreed to provide Restorix with certain limited geographic exclusivity benefits over a defined period of time for the usage of the Aurix System in up to
30
of the approximately
125
hospital outpatient wound care clinics with which Restorix has a management contract (the “RXH Partner Hospitals”), in exchange for Restorix making minimum commitments of patients enrolled in
three
prospective clinical research studies primarily consisting of patient data collection (the “Protocols”) necessary to maintain exclusivity under the Collaboration Agreement. The initial term of the Collaboration Agreement expired in
March 2018
and has 
not
been extended by the parties.
 
Boyalife Distribution Agreement
 
Effective as of
May 5, 2016,
the Company and Boyalife Hong Kong Ltd. (“Boyalife”), an entity affiliated with the Company’s significant shareholder, Boyalife Investment Fund I, Inc., entered into an Exclusive License and Distribution Agreement (the “Boyalife Distribution Agreement”) with an initial term of
five
years, unless the agreement is terminated earlier in accordance with its terms.  Under this agreement, Boyalife received a non-transferable, exclusive license, with limited right to sublicense, to use certain of the Company’s intellectual property relating to its Aurix System for the purposes and in the territory specified below.  Under the agreement, Boyalife is entitled to import, use for development, promote, market, sell and distribute the Aurix Products in greater China (China, Hong Kong, Taiwan and Macau) for all regenerative medicine applications, including but
not
limited to wound care and topical dermatology applications in human and veterinary medicine.  “Aurix Products” are defined as the combination of devices to produce a wound dressing from the patient’s blood - as of
May 5, 2016
consisting of centrifuge, wound dressing kit and reagent kit.  Under the Boyalife Distribution Agreement, Boyalife is obligated to pay the Company (a)
$500,000
within
90
days of approval of the Aurix Products by the China Food and Drug Administration (“CFDA”), and (b) a distribution fee per wound dressing kit and reagent kit of
$40,
payable quarterly, subject to an agreement by the parties to discuss in good faith the appropriate distribution fee if the pricing of such kits exceeds the current general pricing in greater China.   Under the agreement, Boyalife is entitled, with the Company’s approval (
not
to be unreasonably withheld or delayed) to procure devices from a
third
party in order to assemble them with devices supplied by the Company to make the Aurix Products.  Boyalife also has a right of
first
refusal with respect to the Aurix Products in specified countries in the Asia Pacific region excluding Japan and India, exercisable in exchange for a payment of
no
greater than
$250,000
in the aggregate.  If Boyalife files a new patent application for a new invention relating to wound dressings, the Aurix Products or the Company’s technology, Boyalife will grant the Company a free, non-exclusive license to use such patent application outside greater China during the term of the Boyalife Distribution Agreement.