Spherix Inc. (SPEX), the patent licensing company run by Anthony Hayes, said the co agreement it signed in March with Equitable IP may require Spherix to take a material loss on sale or transfer of patents or an impairment charge.

Bethesda, Maryland-based Spherix disclosed the possibility of the impairment charge in a filing today with the Securities and Exchange Commission.

The company also today filed a prospectus with the SEC to raise capital through a proposed equity offering.

The agreement with Equitable IP, run by Dean Becker, has already enabled Spherix to file enforcement actions against Level 3 Communications (LVLT), TW Telecom and FairPoint Communications (FRP).

Officials from Spherix couldn't be reached for comment on how big a charge was possible or on how much the company was hoping to raise in the proposed offering.