Goodwill and Other Intangible Assets | Note 6. Goodwill and Other Intangible Assets The Company tests goodwill and indefinite‑lived intangible assets for impairment annually as of October 1 st , or more frequently whenever events or changes in circumstances indicate that the asset might be impaired. During the second quarter of 2019 circumstances and events related to the pricing of certain of our generic products prompted the Company to evaluate certain of our intangible assets for impairment. Following such evaluation, the Company determined that the net present value of certain intangible assets had decreased below their carrying value and thus impaired the intangible assets. Product Rights, Developed Technologies and Distribution Rights have therefore been impaired by $ 17,920,049 , $57,165,587 and $ 50,679,974 , respectively due to lower than expected cash flows, and the decision to discontinue selling one product. The price erosion as described above as well as the impairment recognized on the intangible assets prompted the Company to additionally evaluate goodwill for impairment. Based on this evaluation, the Company determined that the fair value of goodwill exceeded its carrying value and as a result, no impairment of goodwill was recognized. The carrying value of goodwill was $100,854,816 as of June 30, 2019 and December 31, 2018, net of impairment charges of $86,318,000 recognized in 2018. The following table sets forth the major categories of the Company’s intangible assets and the weighted‑average remaining amortization period for those assets that were not already fully amortized: June 30, 2019 Weighted Average Remaining Gross Net Amortization Carrying Accumulated Carrying Period Amount Amortization Impairment Amount (Years) Distribution Rights $ 98,433,377 $ (20,863,650) $ (50,679,974) $ 26,889,753 11.0 Product Rights 348,599,941 (136,957,469) (17,920,049) 193,722,423 3.6 Tradenames 13,485,000 (2,682,241) — 10,802,759 15.5 Developed Technology 125,460,333 (32,821,837) (57,165,587) 35,472,909 11.7 IPR&D 64,000,000 — — 64,000,000 Indefinite Lived $ 649,978,651 $ (193,325,197) $ (125,765,610) $ 330,887,844 December 31, 2018 Weighted Average Gross Net Remaining Carrying Accumulated Carrying Amortization Amount Amortization Impairment Amount Period (Years) Distribution Rights $ 98,433,377 $ (17,229,374) $ — $ 81,204,003 12.0 Product Rights 326,530,149 (109,056,754) — 217,473,395 4.0 Tradenames 13,485,000 (2,329,284) — 11,155,716 16.0 Developed Technology 138,133,333 (30,973,516) (10,303,208) 96,856,609 12.6 IPR&D 91,300,000 — (7,600,000) 83,700,000 Indefinite Lived $ 667,881,859 $ (159,588,928) $ (17,903,208) $ 490,389,723 The gross carrying amount in the tables above are inclusive of $28,299,941 and $17,886,772 in 2019 and 2018, respectively and $10,379,892 and $6,156,564 of accumulated amortization for assets that have been fully impaired in 2019 and 2018, respectively. Changes in the net carrying amount of intangible assets were as follows: Distribution Product Developed Rights Rights Tradenames Technology IPR&D Total December 31, 2018 $ 81,204,003 $ 217,473,395 $ 11,155,716 $ 96,856,609 $ 83,700,000 $ 490,389,723 Amortization (3,634,276) (25,530,923) (352,957) (4,218,113) — (33,736,269) Impairments (50,679,974) (17,920,049) — (57,165,587) — (125,765,610) Reclassifications (A) — 19,700,000 — — (19,700,000) — June 30, 2019 $ 26,889,753 $ 193,722,423 $ 10,802,759 $ 35,472,909 $ 64,000,000 $ 330,887,844 (A) IPR&D in the amount of $19.7 million related to Osmolex ER was reclassified to Product Rights in the first quarter of 2019 when the product was launched. Osmolex ER was fully impaired during the second quarter of 2019. As part of the Company’s goodwill and intangible asset impairment assessments, the Company estimates the fair values of the reporting unit and intangible assets using an income approach that utilizes a discounted cash flow model, or, where appropriate, a market approach. The discounted cash flow models are dependent upon the Company’s estimates of future cash flows and other factors. These estimates of future cash flows involve assumptions concerning (i) future operating performance, including future sales, long‑term growth rates, operating margins, variations in the amounts, allocation and timing of cash flows and the probability of achieving the estimated cash flows and (ii) future economic conditions. These assumptions are based on significant inputs not observable in the market and thus represent Level 3 measurements within the fair value hierarchy. The discount rates applied to estimated cash flows for the Company’s interim indefinite-lived asset impairment test for the three months ended June 30, 2019 was 17%. The Company believes the discount rates and other inputs and assumptions are consistent with those that a market participant would use. Any impairment charges resulting from annual or interim goodwill and intangible asset impairment assessments are recorded to Impairment of intangible assets in the Condensed Consolidated Statements of Operations and Comprehensive Loss. Amortization expense of $16,868,134 and $19,302,132 for the three months ended June 30, 2019 and 2018, respectively, and $33,736,269 and $38,674,805 for the six months ended June 30, 2019 and 2018, respectively was recorded as cost of goods sold. The amortization expense of acquired intangible assets for each of the following periods are expected to be as follows: Amortization Years ending December 31 Expense Remainder of 2019 $ 26,901,570 2020 50,339,141 2021 44,894,160 2022 38,005,544 2023 35,834,234 Thereafter 70,913,195 Total $ 266,887,844 |