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Healthier Choices Management Corp. (OTCMKTS: HCMC) Major Reversal in the Works as PMI Patent Infringement Lawsuit on HCMC U.S. Patent No. 10,561,170 Gains Steam

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Healthier Choices Management Corp. (OTCMKTS: HCMC) is coming back strong as the broader markets lag following the news of the spread of the “delta” variant that now accounts for 80% of new cases in the US. Triple 08 seems to be the bottom for now with significant accumulation happening at these levels. Investors are looking for a huge lift once the courts reject PMIs recent filing seeking to invalidate HCMC U.S. Patent No. 10,561,170. The Company was also just awarded a new patent that could spell big things for HCMC in the future as it eliminates the main risk of vaping by eliminating the toxic metal inhalation. Representing HCMC in its patent infringement lawsuit against Philip Morris USA, Inc. is Cozen O’Connor ranked among the top 100 law firms in the country and employing more than 775 attorneys in 29 cities across two continents. The firm’s diverse client list includes global Fortune 500 companies, middle-market firms poised for growth, high-profile individuals and HCMC who must have a seriously solid case against PMI with outstanding chances. Any reasonable settlement could would propel HCMC into a whole new stratosphere. 

As we have reported many times HCMC is among the most searched for microcap stocks currently with well over 400,000 shareholders. Microcapdaily has been reporting on HCMC since the stock was trading for a fraction of current levels and we maintain our $0.0065 price to beat point, a break over and its blue skies ahead for HCMC.  

Healthier Choices Management Corp. (OTCMKTS: HCMC) is conglomerate with a number of divisions producing growing revenues. Operating under its wholly owned subsidiaries, Healthy Choice Markets and Healthy Choice Markets 2, HCMC owns both Ada’s Natural Market, a 18,000 sq. ft. full-service grocery store serving the Fort Myers, FL, and 3 Paradise Health & Nutrition locations in the greater Melbourne, FL area. The Company operates 8 vape stores across the southeast United States offering alternatives to traditional cigarettes. Operating regionally, through its Vape Store brands, including The Vape Store, Vapor Max, Vulcan Vape, and The Grab Bag locations, HCMC Vape Stores provide a large selection of vaping hardware and e-liquids, giving consumers a way to get their nicotine without the smoke, tar, ash or carbon monoxide found in traditional cigarettes.  The Company is doing significant sales booking over $1 million USD Per month; for the three-month period ended March 31, 2021. Net sales from operations amounted to approximately $3.5 million, down 14% from the same period last year due to covid.  

The Company has a great management team behind it; CEO Jeffrey Holman is a seasoned executive and corporate lawyer who also serves as President of Jeffrey E. Holman & Associates, P.A., a South Florida Based law firm. Christopher Santi, HCMC COO and President is sales executive who served as President of Santi Management Corporation before joining the Company. John Ollet the CFO previously served as Executive Vice President-Finance for Systemax, IncNorth America Technology Division for 10 years. 

HCMC has amassed a valuable patent portfolio related to both vape technology and also manufacturing processes and procedures for an imitation nicotine product. The Company’s patented Q-Cup™ technology is based on a small, quartz cup called the Q-Cup™, which a customer can purchase already filled by a third party in some regions, or can partially fill themselves with either cannabis or CBD concentrate (approximately 50mg), also purchased from a third party.  The Q-Cup™ can then be inserted into the patented Q-Unit™, which heats the cup from the outside without coming in direct contact with the solid concentrate.  This Q-Cup™ and Q-Unit™ technology provides significantly more efficiency and an “on the go” solution for consumers who prefer to vape concentrates either medicinally or recreationally.  The Q-Cup™ can also be used in other devices as a convenient micro-dosing system. Most recently, the company formed a wholly owned subsidiary, HCMC Intellectual Property Holdings, LLC, to hold and market its intellectual property assets. This subsidiary will own all of the patents, trademarks and other intellectual property of HCMC and will be utilized in the company’s attempt to monetize its intellectual property.     

The big story on HCMC is its patent infringement lawsuit against Philip Morris USA, Inc. and Philip Morris Products S.A. in connection with their product known and marketed as “IQOS®.” The lawsuit was filed in the United States District Court for the Northern District of Georgia. The international law firm Cozen O’Connor has been engaged to represent HCMC in this matter. HCMC’s lawsuit includes claims that Phillip Morris is infringing HCMC’s patent rights in connection with IQOS®, an alternative tobacco product marketed and sold by Phillip Morris. Philip Morris claims that it is currently approaching 14 million users of its IQOS® product and has reportedly invested over $3 billion in their smokeless tobacco products. Philip Morris has been very open about their ongoing transition from traditional fully combustible cigarettes to their modified risk tobacco products, including IQOS®. The Philip Morris IQOS® product is currently the subject of two other patent infringement proceedings filed by RJ Reynolds Tobacco Company. One proceeding is before the International Trade Commission and seeks to stop the importation of the IQOS® product into the United States; the other is a patent infringement action currently pending in the Eastern District of Virginia. RJ Reynolds’ patents are unrelated and not affiliated with the patents asserted in the HCMC case.   

Last month Philip Morris Products S.A. filed a petition with the Patent Trial and Appeal Board ( “PTAB”) of the U.S. Patent and Trademark Office seeking to institute inter partes review (“IPR”) proceedings to invalidate Healthier Choices Management Corp.’s U.S. Patent No. 10,561,170. If Philip Morris’ IPR petition is accepted by the PTAB, the Company will have three months to optionally file a preliminary response. Within three months of the Company’s preliminary response or six months from acceptance of Philip Morris’ IPR petition, the PTAB will decide whether to institute or deny the IPR proceedings. If the PTAB institutes IPR proceedings, then within one year of institution the PTAB will issue a final written decision as to the validity of some or all of the claims in the Patent. HCMC management is currently reviewing Philip Morris’ IPR petitions and intends to vigorously oppose the institution of the IPR proceedings and, if the IPR proceedings are instituted, we are now fully prepared to vigorously defend the validity of the Patent.

In its patent infringement lawsuit against Philip Morris, Cozen O’Connor is representing HCMC; Cozen O’Connor is ranked among the top 100 law firms in the country and employs more than 775 attorneys in 29 cities across two continents. Cozen O’Connor is a full-service firm with nationally recognized practices in litigation, business law, and government relations, and its attorneys have experience operating in all sectors of the economy. The firm’s diverse client list includes global Fortune 500 companies, middle-market firms poised for growth, high-profile individuals and ambitious upstarts like HCMC. Cozen O’Connor has been awarded as the #1 law firm of the year several times, amongst dozens of other awards and would not take on a giant such as Philip Morris unless they knew for sure they have a very strong case and excellent chances. 

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HCMC has been busy; they recently launched their patented quartz Q-Cups® with the health center in Colorado, which The Health Center will pre-fill with their high quality NUHI brand concentrates and make available to consumers in their Colorado dispensaries. The Health center plans to distribute their high quality NUHI concentrate product in HCMC Q-Cup® technology. The Company also entered into an Exclusive Authorized Filling Agreement for its Q-Cup®technology in Canada with 6PAK Solutions Inc., the sister company and distribution arm of ATG Pharma Inc. ATG Pharma is a leading manufacturer of filling machines in both Canada and the U.S, and manufacturer of the Q-Cup® robotic filling machine. The goal of this exclusive arrangement is for 6PAK Solutions to offer access to Q-Cups® unique innovation to both its current and new licensed producer clients. 6PAK’s services provide an easy, cost effective way, for companies to launch new products and quickly scale with the growing market. 

On July 20 U.S. Patent Number 11,064,732 entitled Electronic Vaporizer Cartridge with Encased Heat Source was issued to HCMC. This patent covers novel HCMC technology directed at a vaporizer cartridge with internal components encased in a non-reactive material such as quartz, ceramic or the like. This process avoids a potentially toxic reaction between e-liquid, cannabis or CBD oils, or other substances, and the heated metal components of the cartridge. This patent grant expands HCMC’s portfolio of patent assets that promote a healthier way to vape. 

HCMC CEO Jeff Holman stated: “The issuance of this patent is significant in our attempts to make vaping safer. Essentially, this patent is technologically the reverse process of our previously issued patents for our Q-Cup® technology. Studies have shown that liquids and oils can act as solvents when they sit in direct contact with a metal coil, thereby leeching out heavy metals which can then be ingested during the vaping process. This breakthrough technology has the potential to completely eliminate this problem. Think of this patent like a light bulb. A light bulb has a metal filament inside, but you can only touch the outer glass, which gets hot from the heat of the filament. Similarly, the metal coil being encased in a quartz “bulb” prevents the liquid or oil from coming in direct contact with, or “touching” the metal coil. The metal coil heats the quartz, the substance is in contact with the heated quartz, and the vapor is produced without the substance ever touching the metal coil directly. While there have been several advances in vape cartridges through the years, most of them have focused on what I will call “bells and whistles,” like controlling device functions from an app. As a result, some of the best vaping cartridges on the market, for both e-liquid and cannabis oil, still have an antiquated exposed metal coil and wicking system at their cores. The Company is now exploring our options with regards to producing and distributing these “bulb” cartridges, or partnering with existing manufacturers that would benefit from providing a potentially groundbreaking and safer cartridge to their customers. Worth note is that we fully intend to protect this newly issued patent with the same vigor as the rest of our patent suite, through the courts and otherwise where necessary.” 

https://twitter.com/JoseMSerpa/status/1417469258267770895

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Healthier Choices Management Corp. is coming back strong as the broader markets lag following the news of the spread of the “delta” variant that now accounts for 80% of new cases in the US. Triple 08 seems to be the bottom for now with significant accumulation happening at these levels. Investors are looking for a huge lift once the courts reject PMIs recent filing seeking to invalidate HCMC U.S. Patent No. 10,561,170. The Company was also just awarded a new patent that could spell big things for HCMC in the future as it eliminates the main risk of vaping by eliminating the toxic metal inhalation. Representing HCMC in its patent infringement lawsuit against Philip Morris USA, Inc. is Cozen O’Connor ranked among the top 100 law firms in the country and employing more than 775 attorneys in 29 cities across two continents. The firm’s diverse client list includes global Fortune 500 companies, middle-market firms poised for growth, high-profile individuals and HCMC who must have a seriously solid case against PMI with outstanding chances. Any reasonable settlement could would propel HCMC into a whole new stratosphere. As we have reported many times HCMC is among the most searched for microcap stocks currently with well over 400,000 shareholders. Microcapdaily has been reporting on HCMC since the stock was trading for a fraction of current levels and we maintain our $0.0065 price to beat point, a break over and its blue skies ahead for HCMC.  We will be updating on HCMC when more details emerge so make sure you are subscribed to Microcapdaily so you know what’s going on with HCMC.

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Disclosure: we hold no position in HCMC either long or short and we have not been compensated for this article.

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3 Comments

3 Comments

  1. El Potus

    July 21, 2021 at 3:55 pm

    Those people who believe in the 90 day time limit…..FORGET IT!!!!!
    The judge can take as long as he wants because this is a FEDERAL CASE in the state of Georgia.
    The state of Georgia REQUIRES A () DAY TIME LIMIT ON A JUDGE’S DECISION.
    But REMEMBER, THIS IS A FEDEARL CASE. No time limit in such cases.
    Sorry to bust anyone’s bubble but this is the TRUTH!!!!

  2. OTC boss

    July 22, 2021 at 4:25 am

    Yes you are correct. But if you have done some research into your statement. The Judges tend to “TRY” to stick to a 90day timeframe to rule. Yes they have all the time in the world, but Judges have said we tend to keep in mind 90days but will take all the time needed. And they do tend to rule around the 90day mark. So it could be anytime, ANYDAY.
    I have even tweeted about this in detail awhile ago.

  3. El Potus

    July 24, 2021 at 12:41 pm

    “So this case boils down to one question: whether HCM has adequately alleged that defendants’ electronic cigarette requires combustion. ”

    And HERE IS THE KICKER FOR HCMC: “If HCM has plausibly alleged that some – even partial – combustion is required, (CAPS mine) THEN THE COURT WILL DENY THE MOTION TO DISMISS”.

    And here is the kicker for PM: “If, on the other hand HCM’s averments that the IQOS device requires a combustion reaction are implausible, (CAPS mine) THEN DEFENDANTS MOTION TO DISMISS WILL BE GRANTED”.

    It has been PROVEN by many people COMBUSTION IS REQUIRED, because it happens above 350 degrees.

    I am not a lawyer but, IMO, this will go in HCMC’s favor.

    Make a note of it.

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BioPharma

Organogenesis (NASDAQ: ORGO): Latest Developments and Future Growth Prospects

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Organogenesis Holdings (NASDAQ: ORGO), a top regenerative medicine company dedicated to advanced wound care, surgical, and sports medicine solutions, gains over 30% during intraday trading and after hours combined after their latest release. According to the release, three Medicare Administrative Contractors (MACs) decided to withdraw certain coverage rules that were meant to start on October 1. These rules related to products for treating diabetic foot ulcers (DFU) and venous leg ulcers (VLU).

More Background:

Organogenesis serves a range of clients, from hospitals and wound care centers to doctors’ offices. The MACs’ initial rules, set on August 9, caused concern. They specified that covered products must be particular types of skin substitutes. Unfortunately, this excluded five products from Organogenesis, impacting their financial outlook.

Fast forward, the MACs pulled back these rules just in time, preventing potential harm to Organogenesis. Even before these rules, the company was facing challenges. In the second quarter, revenue was slightly down compared to the same period last year. Despite this, the company is doing better than the previous year in a six-month comparison.

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Gary S. Gillheeney, Sr., the head of Organogenesis, expressed deep gratitude for the MACs and the Centers for Medicare & Medicaid Services (CMS). He praised their thoughtful consideration of stakeholder concerns and putting patients first. This decision will positively affect the lives of many.

He also thanked the stakeholders, including doctors, patient advocacy groups, and various associations. Their unified support played a vital role in challenging these rules, considering the potential harm they could cause patients. Their advocacy shed light on the possible negative health outcomes and treatment disparities, especially for those with higher rates of diabetes and related conditions. Their collective efforts made a significant difference.

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Disclosure: We have not been compensated for this article/video. MicroCap Daily is not an investment advisor; this article/video does not provide investment advice. Always do your research, make your own investment decisions, or consult with your nearest financial advisor. This article/video is not a solicitation or recommendation to buy, sell, or hold securities. This article/video is our opinion, is meant for informational and educational purposes only, and does not provide investment advice. Past performance is not indicative of future performance.

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Vaccitech (NASDAQ: VACC) Gains Unprecedented Support—What’s Behind It?

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On September 25, 2023, Vaccitech (NASDAQ: VACC) experienced a jaw-dropping 90% surge in its stock price in just one day of trading. Now, this kind of jump usually happens when a company drops a major announcement or puts out a significant SEC filing. But, surprise, surprise—there was nothing of that sort this time .So naturally we did some digging, explored further online and guess what? Turns out retail traders were also not on a main reason for this rollercoaster ride. Curious to uncover what’s really behind this financial rollercoaster? Before we go any further, let’s get to know Vaccitech a bit better. There’s some pretty important aspects on the company you might like.

 

Background:

Vaccitech operates as a clinical-stage biopharmaceutical company, dedicated to discovering and developing innovative T cell immunotherapies. These therapies are crafted to leverage the immune system’s potency for treating conditions like chronic infectious diseases, cancer, and autoimmune disorders.

What sets Vaccitech apart is their distinctive, multi-platform approach, demonstrating the capacity to generate higher quantities of T cells compared to alternative technologies. This places Vaccitech in a unique position to cater to the needs of substantial, yet underserved patient populations. Their diverse clinical-stage pipeline includes potential treatments for severe diseases with limited available treatments, presenting significant public health risks.

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Among their lead product candidates are VTP-300, an immunotherapeutic designed to contribute to a potential functional cure for chronic hepatitis B viral (HBV) infection. Additionally, VTP-200 is a non-invasive, early-stage investigational treatment targeting persistent, high-risk human papillomavirus (HPV). VTP-850 stands out as a novel T cell investigational therapy aimed at prostate cancer, while VTP-1000, a preclinical T cell therapeutic candidate, focuses on reinstating immune tolerance in celiac disease.

Vaccitech possesses well-established expertise in drug development and scientific knowledge within the immunization realm. Notably, they co-developed a COVID-19 vaccine in collaboration with the University of Oxford. As many of you know, their vaccine has been successfully approved and holds an exclusive license worldwide with AstraZeneca.

What happened:

The one and only thing that happened today was Alliance Global Partners adding coverage of Vaccitech with a favourable buy recommendation.What’s truly eye-catching are the projections made, suggesting some pretty significant upside. The average one-year price target for Vaccitech is $12.24. Forecasts within this period have a bit of a spectrum, reaching from a low estimate of $7.07 to a high of $15.75. With that said, from today’s closing price that’s nearly 400% gain.

What’s The Big Deal?:

Alliance Global Partners giving the green light to cover Vaccitech is like a thumbs-up from a respected expert. It’s like a top-tier food critic saying, “This restaurant is a must-try.”

Think of it as Vaccitech stepping into the spotlight. It’s like a talented musician getting featured on a famous music blog—suddenly, more people start paying attention.

When a big player like Alliance Global Partners says, “Hey, this stock is a good buy,” it’s like a friend recommending a must-watch movie. You’re more likely to check it out based on that suggestion.

This kind of recommendation can also affect the stock price. It’s similar to when a popular influencer talks about a cool product—lots of people want to try it.

In a nutshell, this coverage is like a stamp of approval, making Vaccitech catch the attention of more potential investors and possibly giving the stock a boost. But it’s important to mention that just because a well established financial firm gives a price target, does not mean it’s accurate. In fact, tons of these projections are made daily with many being totally off the mark. Always do your own due diligence.

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Disclosure: We have not been compensated for this article/video. MicroCap Daily is not an investment advisor; this article/video does not provide investment advice. Always do your research, make your own investment decisions, or consult with your nearest financial advisor. This article/video is not a solicitation or recommendation to buy, sell, or hold securities. This article/video is our opinion, is meant for informational and educational purposes only, and does not provide investment advice. Past performance is not indicative of future performance.

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Advancing Medical Frontiers: Elutia Inc.’s(NASDAQ: ELUT) Strategic Vision in a $600 Million Market

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Elutia Inc (NASDAQ: ELUT) shares bolstered a whopping 33% today as the company recently shared that they’ve secured about $10.5 million in funding through a private investment round. If all the warrants are cashed in as part of this funding, the total could go up to $26.2 million.

Latest Changes:

Just last week, Aziyo Biologics changed its name to Elutia Inc. Following this change, Elutia made an announcement about selling its Orthobiologics business unit to Berkeley Biologics, a subsidiary of GNI Group Ltd. This move is set to bring in a substantial amount of cash, totalling up to $35 million for Elutia. This sum includes a notable upfront payment of $15 million, plus additional potential earnings of up to $20 million over five years. The deal is expected to be finalized in the fourth quarter of 2023.

This sale is a big step for Elutia, especially in the realm of drug-eluting biomatrix technology (DEB). Elutia is actively seeking approval from the FDA for their main product, CanGaroo RM. This product utilizes innovative biomatrix technology with antibiotics rifampin and minocycline (RM), providing long-term protection for cardiac pacemakers and defibrillators. This tackles a huge market estimated to be worth around 600 million. Elutia is aiming to introduce CanGaroo RM to the market in the first half of 2024.

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Standard Of Care:

Medtronic (NYSE: MDT) stands as the exclusive provider of the antibiotic envelope within the current market. This envelope is crafted using synthetic mesh infused with antibiotics. Back in 2014, Medtronic acquired this technology, making a strategic investment of up to $200 million. Primarily intended for Cardiac Implantable Electronic Device (CIED) revision procedures, this product boasts estimated annual sales in the range of $250 to $300 million.

However, despite its market presence and revenue generation, the Medtronic antibiotic envelope has notable limitations. While it effectively combats infections, its synthetic composition renders it less effective in supporting wound healing. Moreover, it poses challenges in accommodating larger devices like Subcutaneous Implantable Defibrillators (SCID).

Drug-eluting biomatrix (DEB):

Drug-eluting biomatrix (DEB) involves a specialized approach to drug delivery using a biomatrix as a carrier or platform. In simple terms, it’s a technique where a biomaterial matrix, often a biocompatible polymer or similar substance, is used to release drugs in a controlled and targeted manner.

The biomatrix acts as a support structure that can hold and gradually release drugs or therapeutic agents at a specific site in the body, typically over an extended period. This is particularly useful in medical applications where a localized and sustained delivery of medication is necessary.

For instance, in the context of Elutia’s CanGaroo RM, a biomatrix incorporating antibiotics rifampin and minocycline is used to provide prolonged protection for cardiac pacemakers and defibrillators. The biomatrix slowly releases these antibiotics at the surgical site, preventing infections and promoting healing.

DEB technology is gaining traction because it enhances treatment efficiency by ensuring the drug is delivered directly to the target area, minimizing side effects, and optimizing therapeutic outcomes. It’s a promising approach in the field of medical advancements, especially in areas like cardiology, oncology, and orthopedics.

Post-mastectomy Breast Reconstruction:

On top of this, the company also has plans to develop an RM version of its SimpliDerm biomatrix tailored for breast reconstruction procedures. The rate of infections after this surgery is quite high, more than 10%, highlighting a big medical need in a market valued at over $500 million. Elutia is stepping up to address this issue by developing SimpliDerm® RM, which incorporates their unique DEB technology. The funds raised through the private investment round (PIPE) and the sale of the Orthobiologics business unit will not only boost Elutia’s efforts in advancing their drug-eluting biomatrix products for the cardiac pacemaker and defibrillator market, but also for post-mastectomy breast reconstruction.

What’s next:

As mentioned earlier, their biomatrix platform serves two major markets. CanGaroo RM, their upcoming product, is slated for a 1H of 2024 market release and is poised to be a pioneer in a $600 million market. Furthermore, their SimpliDerm RM product utilizes the same proprietary antibiotic-eluting technology found in CanGaroo RM, which serves a 1.6B market according to their presentation deck. They aim to secure an IDE by Q4 2024, and upon achieving these milestones, they plan to venture into neurostimulator markets, particularly in pain management, to further drive their growth.

We will update you on ELUT when more details emerge, subscribe to Microcapdaily to follow along!

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Disclosure: We have not been compensated for this article/video. MicroCap Daily is not an investment advisor; this article/video does not provide investment advice. Always do your research, make your own investment decisions, or consult with your nearest financial advisor. This article/video is not a solicitation or recommendation to buy, sell, or hold securities. This article/video is our opinion, is meant for informational and educational purposes only, and does not provide investment advice. Past performance is not indicative of future performance.

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