Who knows Pixie, with a sufficiently creative approach, the Board might be able to acquire a new technology and address other issues at the same time without having to resort to a CR. Inspired by both footy card swapping and the saying "The level of our success is limited only by our imagination…”, I’m offering some suggestions…
Option 1
Acquire WRS Therapeutics and its oral protein and peptide delivery technology in exchange for BioElixia. Happily, the CEO of US-based WRS has a strong background knowledge of BioElixia and the North American market. To reflect the fact that both its Vitamin E and WRS technologies enable targeted control of drug delivery, change POH’s name to WREST Control ….
Option 2
Swiftly settle with Prophase before the arbitrator returns from summer break in the Hamptons. I note that ProPhase Labs currently lacks any cosmeceutical products, despite company operations being described in SEC filings as “engaged in the research and development of potential over-the-counter drug, natural base health products along with supplements, personal care and cosmeceutical products.” BioElixia could fill this product gap nicely. Therefore, POH should acquire 100% ownership of Phusion from Prophase in exchange for BioElixia. Because Phusion hasn’t yet developed any products during its tumultuous six year life, ProPhase would be required to transfer one of its products into Phusion as part of the swap. The choice is limited. The Cold-Eeze brand is probably best avoided as it’s been the subject of extensive litigation since 2004, including class action for false claims in advertising. That leaves ProPhase’s TK male enhancement supplements; Legendz XL, Triple Edge XL and Super ProstaFlow Plus. Surely no chance of false claims in advertising there. Rebadge POH as TPMXL ConPhusion.
Option 3
This is dependent on Option 1 being adopted first. As TPM seems to be the source of much grief between POH and IAH, POH agrees to the return of all TPM licences from IAH in exchange for wiping IAH’s assumed debt (assumption based upon IAH application to have statutory demand for payment from POH set aside, as evidenced in Post 18252903). In lieu of TPM tech, IAH is granted a licence to use the oral protein and peptide delivery technology in cow feed in return for WREST Control being granted a licence by IAH/Brinicombe to use Think Fly technology in pig feed. WREST Control’s Animal Health division is then free to launch a revenue-generating new porcine product called Think Pigs Might Fly. If it makes both parties happy, POH could also take back EEA for $2, based upon the valuation put upon the company in December 2013. Rename this company EEA EEA O.
Option 4
POH drops all claims against Mylan in return for Mylan handing over its injectables division. POH spins off all other divisions, changes its name to Injecting Life to better reflect its new singular focus on injectables and then sells the company off to the highest bidder. This will probably be the most popular option with shareholders. After all, which shareholder wouldn’t prefer Injecting Life to injecting money?
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