December 30, 2020 |
53rd at Third | |||||
885 Third Avenue | ||||||
New York, New York 10022-4834 | ||||||
Tel: +1.212.906.1200 Fax: +1.212.751.4864 | ||||||
www.lw.com
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VIA EDGAR
United States Securities and Exchange Commission
Division of Corporation Finance
Office of Life Sciences
100 F Street, N.E.
Washington, D.C. 20549-6010
Attention: | Christie Wong | |
Angela Connell | ||
Laura Crotty | ||
Tim Buchmiller | ||
Re: | Bioventus Inc. | |
Amendment No. 1 to Draft Registration Statement on Form S-1 | ||
Submitted November 10, 2020 | ||
CIK No. 0001665988 |
Ladies and Gentlemen:
On behalf of Bioventus Inc. (the “Company”), we are transmitting this letter in response to the comment received from the staff (the “Staff”) of the Securities and Exchange Commission (the “Commission”) contained in its letter dated November 18, 2020 with respect to the above-referenced registration statement (as amended from time to time, the “Registration Statement”) of the Company submitted on a confidential basis with the Commission on November 10, 2020. We are submitting this letter via EDGAR in response to the Staff’s comment.
The bold and numbered paragraph below corresponds to the numbered paragraph in the Staff’s letter and is followed by the Company’s response. Unless otherwise indicated, capitalized terms used herein have the meaning assigned to them in the Registration Statement.
December 30, 2020
Page 2
Intellectual Property
Patents, page 165
1. | We note your response to our prior comment 11. Please further revise the narrative and related table to detail the type of patent protection obtained or sought and the expected expiration year of each patent application on an individual basis. |
Response: In response to the Staff’s comment, the Company proposes to revise pages 165-166 of the prospectus included in the Registration Statement as shown on Exhibit A attached hereto.
* * *
We hope the foregoing answers are responsive to your comments. Please do not hesitate to contact me by telephone at (714) 755-8008 with any questions or comments regarding this correspondence.
Very truly yours, |
/s/ Wesley Holmes |
Wesley Holmes of LATHAM & WATKINS LLP |
cc: | (via email) |
Kenneth M. Reali, Chief Executive Officer, Bioventus Inc. |
Gregory O. Anglum, Senior Vice President and Chief Financial Officer, Bioventus Inc. |
Anthony D’Adamio, Senior Vice President and General Counsel, Bioventus Inc. |
Charles K. Ruck, Esq., Latham & Watkins LLP |
Wesley C. Holmes, Esq., Latham & Watkins LLP |
Katherine A. Lovejoy, Esq., Latham & Watkins LLP |
Exhibit A
Patents
We own numerous patents and/or patent
applications which relate to our material products, including patents and/or patent applications with respect to our Exogen system, OsteoAMP and MOTYS. Although in the aggregate our intellectual property is of material importance to our business, we
do not believe that any single patent is of material importance to our product portfolio. As of November 613, 2020, we owned
sixfour
issued U.S. patents and threetwo pending U.S. patent applications relating to our material products. We also owned 14nine
issued foreign patents and 1411 pending foreign patent applications directed to our material products. Our patents and patent applications directed to our
material products are summarized below.
We own
fiveowned three issued U.S. patents and one issued foreign
patent in Australia directed to our Exogen system. TheseThe U.S. patents are expected to expire
in 2026 and 2027,
respectivelybetween 2027 and 2029, and the foreign patent is expected to
expire in 2025.
We ownowned one issued U.S. patent, twoone
pending U.S. patent applications, 13eight issued foreign patents, and
14ten
pending foreign patent applications directed to our OsteoAMP product, including foreign patents and patent applications in Europe, Asia, Canada and Australia. The issued U.S. patent is expected to expire in 20362029
. The issued foreign patents are expected to expire betweenin
2029 and 2039. The pending patent applications, if issued, are expected to expire
betweenin
2029 and 2039, without accounting for potential patent term extensions and
adjustments.
We also own one pending U.S. patent application
and one pending Patent Cooperation Treaty application directed to MOTYS. This patent application, if issued,
isPatents issuing from these applications, if any, are
expected to expire in
20392040
, without accounting for potential patent term extensions and adjustments. Our patents and pending patent applications directed to our material products are detailed in the table below.
Country |
Application Number |
Filing Date |
Patent Number |
Application Status |
Expected Expiration Date
|
Description
|
Product | |||||||
AU | 2009324417 |
2009 |
2009324417 | Issued | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | |||||||
AU | 2014259553 |
2014 |
2014259553 | Issued | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | |||||||
AU | 2016213839 |
2016 |
2016213839 | Issued | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | |||||||
CA | 2746668 |
2009 |
2746668 | Issued | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | |||||||
CN | 200980155596.X |
2009 |
200980155596.X | Issued | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP |
CN | 201410413348.3 |
2014 |
201410413348.3 | Issued | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | |||||||
EP | 09832666.3 |
2009 |
Pending | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | ||||||||
HK | 15105678.1 |
2015 |
HK1205007 | Issued | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | |||||||
IN | 2567/KOLNP/2011 |
2009 |
Pending | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | ||||||||
KR | 10-2011-7016270 |
2009 |
10-1713346 | Issued | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | |||||||
US | 15/016072 |
2016 |
10383974 | Issued | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | |||||||
US | 16/459778 |
2019 |
Pending | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | ||||||||
GB | 09832666.3 |
2009 |
Pending | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | ||||||||
FR | 09832666.3 |
2009 |
Pending | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | ||||||||
DE | 09832666.3 |
2009 |
Pending | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | ||||||||
IT | 09832666.3 |
2009 |
Pending | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | ||||||||
CH | 09832666.3 |
2009 |
Pending | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | ||||||||
BE | 09832666.3 |
2009 |
Pending | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP | ||||||||
ES | 09832666.3 |
2009 |
Pending | Dec. 2029 |
Directed to methods of making osteoinductive implants | steoAMP |
PT | 09832666.3 | Dec. 13, 2009 |
Pending | Dec. 2029 | Directed to methods of making osteoinductive implants | OsteoAMP | ||||||||
US | 09/925,193 | Aug. 9, 2001 |
7,429,248 | Granted | July 2025 | Directed to applying ultrasound to tissue using a modal converter having a plurality of angled sides | Exogen | |||||||
AU | 2006203281 | Aug. 1, 2006 |
2006203281 | Granted | Aug. 2025 | Directed to treating a neuropathy disease with ultrasound using a specific frequency and pulse rate for the signal | Exogen | |||||||
US | 11/462,271 | Aug. 3, 2006 |
8,048,006 | Granted | Feb. 2029 | Directed to treating a neuropathy disease with ultrasound using a specific frequency and pulse rate for the signal | Exogen | |||||||
US | 12/296,333 | April 7, 2007 |
8,226,582 | Granted | June 2028 |
Directed to applying ultrasound to tissue using a modal converter having an oblique angle and speed of sound similar to human tissue | Exogen | |||||||
US | Nov. 13, 2020 |
Pending |
Nov. 2040 | Directed to placental tissue particulates composi-tions, methods of treating musculo- skeletal or orthopedic conditions, methods of treating pain associated with osteoarthritis, kits and methods of making the compositions | MOTYS | |||||||||
PCT/US2
0/60393 |
Nov.
|
Pending | Nov. 2040 | Directed to placental tissue particulates compositions, for use in treating musculo- skeletal or orthopedic conditions, methods of treating pain associated with osteoarthritis, kits and methods of making the compositions | MOTYS |