Expanded Track I Prioritized Examination of Patent Applications 01/26/2012
Posted by Morse, Barnes-Brown Pendleton in IP and Trademarks, Legal Developments, Life Sciences.Tags: patent applications, patent process, USPTO
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By: Stan Chalvire
The U.S. Patent and Trademark Office (USPTO) has issued final rules (75 Fed. Reg. 78566) extending the prioritized examination (Track I) provisions to patent applications in which a Request for Continued Examination (RCE) has been filed (see, Three Track Patent Examinations: USPTO Provides Further Guidance). The recently issued final rules provide patent applicants with the flexibility to accelerate the processing and examination of their applications in which an RCE has been filed by according such applications special status. An application that is accorded special status is placed on the Examiner’s special docket throughout its entire course of continued prosecution before the Examiner until a final disposition (e.g., the mailing of a notice of allowance or final office action, or the filing of a notice of appeal or subsequent RCE) is reached. The USPTO’s goal for handling applications under prioritized examination is to, on average, provide a final disposition of the application within twelve months of prioritized status being granted.
Requesting prioritized examination after the filing of an RCE requires that:
- The RCE be filed in an original utility or plant non-provisional application filed under 35 U.S.C. 111(a) or that has entered the national stage under 35 U.S.C. 371, accompanied by, among other things, a prioritized examination fee of $4,800 (which is subject to a fifty percent small entity discount);
- The request for prioritized examination be filed via the USPTO’s electronic filing system (EFS-Web) either concurrently with, or subsequently to, the filing of an RCE;
- Upon filing the request for prioritized examination, the application must contain or be amended to contain no more than four independent claims and no more than thirty total claims and no multiple dependent claims and, to the extent that an amendment is filed in an application that has been granted prioritized examination that exceeds these requirements, the prioritized examination will be terminated; and
- The request is filed prior to the USPTO’s acceptance of 10,000 requests for Track I prioritized examination under Sec. 1.102(e) in the fiscal year.
The final rules concerning the prioritized examination of applications in which an RCE has been filed became effective on December 19, 2011, and are applicable to any patent application in which an RCE has been filed before, on, or after December 19, 2011. For more information regarding prioritized examination, or to discuss other strategies for expediting the examination of your patent applications, please contact Stan Chalvire.
MBBP remembers Joseph Levangie, Long-time Friend and Entrepreneur 01/23/2012
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: greenman technologies, Implant Sciences, joseph levangie
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Joseph Levangie, member of the board of directors of MBBP client Implant Sciences, passed away Saturday, January 14, 2012. Joseph had served as Chief Financial Officer for several companies, including Spire Corporation, Greenman Technologies Inc., and Palomar. Joe was well-known in the technology and entrepreneurial community and will be greatly missed.
Please visit Implant Sciences for their full press release.
Dart Therapeutics Featured in Wall Street Journal Health Blog 01/12/2012
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: dart therapeutics, do-it-yourself drug development, duchenne muscular dystrophy
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On December 27th, the Wall Street Journal‘s Heath Blog published a post on MBBP client Dart Therapeutics, a company focused on developing treatment for Duchenne muscular dystrophy (DMD). Dart Therapeutics was formed by two families, the Secklers and Wickas, who each have a son diagnosed with DMD, a genetic neuromuscular disorder. They were frustrated with the lack of research and experimental drug development programs for DMD and decided to form their own company Dart Therapeutics. Set up with the purpose of “identifing potential compounds, making deals, and developing the drugs”, Dart Therapeutics created a new innovative business model, one in which the blog posting describes as a ” do-it-yourself drug development”. Ultimately, the goal of Dart is not only to help do-it-yourself drug development for Duchenne but also other orphan diseases that can use outside experts to negotiate deals, oversee experiments, and work with the FDA.
Please read the full article for more information.
NLRB Again Delays Deadline for Posting Notice Concerning NLRA Rights 01/11/2012
Posted by Morse, Barnes-Brown Pendleton in Employment, Legal Developments.Tags: national labor relations act, nlrb, notice posting
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On September 6, 2011, MBBP notified clients that the National Labor Relations Board (NLRB) had published a new rule requiring that employers post a notice to employees informing them of their rights under the National Labor Relations Act, including rights to act together to improve wages and working conditions, to form and join a union, and to bargain collectively. The rule was to take effect on November 14, 2011.
Subsequently, in October 2011, we notified clients that the NLRB was postponing the implementation date for the notice-posting rule by two months (to January 31, 2012) in order, the NLRB stated, “to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.”
Now, the January 31, 2012 deadline has been postponed to April 30, 2012. In a press release issued on December 23, 2011, the NLRB stated that it “has agreed to postpone the effective date of its employee rights-notice-posting rule at the request of the federal court in Washington, DC hearing a legal challenge regarding the rule.” The NLRB said that it “determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule.”
For more information on this topic, please contact a member of our Employment Practice Group.
Regulation D Accredited Investor Definition Change 01/11/2012
Posted by Morse, Barnes-Brown Pendleton in Legal Developments.Tags: Dodd-Frank Act, regulation d, SEC
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By: Jeffrey Somers
Dodd-Frank recently amended the $1 million net worth accredited investor test for individuals under Regulation D (Reg D) to exclude the value of the investor’s primary residence. Dodd-Frank required the U.S. Securities and Exchange Commission (SEC) to adopt rule amendments to effect this change, which the SEC did on December 21, 2011. The rule amendments are effective February 27, 2012. You can find the final rule here.
Under the amended definition the value of an investor’s primary residence may not be included in calculating the investor’s net worth for purposes of Reg D. Likewise, debt (any mortgages and home equity loans) secured by an investor’s primary residence is ignored unless the debt exceeds the estimated fair value of the residence (an underwater mortgage), in which case excess of the mortgage debt over the fair value is included as a liability in calculating net worth. In addition, any increase in the amount of an investor’s mortgage debt within 60 days prior to the investor making the investment in question must be treated as a liability for purposes of calculating net worth (the theory being that the investor has taken value out of the residence, which is supposed to excluded, to raise cash to make the investment). This latter provision is not part of Dodd-Frank.
The amended rule does not define “primary residence” but the SEC adopting release refers to the common understanding that it is the home where the investor lives most of the time.
There is limited grandfathering for an investor’s exercise of rights to acquire securities provided (i) the right was held by the investor on July 20, 2010 (the enactment date of Dodd-Frank), (ii) the investor was an accredited investor at the time the rights were acquired, and (iii) the investor held securities of the same issuer, other than the rights, on July 21, 2010.
A capital call on a commitment made prior to July 21, 2010, is generally not subject to the amended definition. However, the definition would apply in the case of new purchases in a private fund unless the grandfathering provision applies.
Unless they have been already in response to Dodd-Frank, all subscription agreements that we use should be appropriately modified to reflect the new definition.
For more information, please contact Jeffrey Somers.
Mass Life Sciences Center Awards Intelligent Bio-Systems with Accelerator Program Loan 01/06/2012
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: accelerator program, intelligent bio-systems, Massachusetts Life Sciences Center
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Massachusetts Life Sciences Center recently announced it has awarded three companies with a combined $2.2 Million as part of the Center’s Accelerator Program. The Life Sciences Accelerator Program provides loans to companies engaged in life sciences research and development, commercialization and manufacturing in Massachusetts. MBBP client Intelligent Bio-Systems, Inc. is one of the three companies to receive an Accelerator Loan in the amount of $750,000 for its development of a patented, higher performance and lower cost next-generation DNA sequencing instrument and consumable system.
Congratulations Intelligent Bio-Systems!
For more information, please see Mass Life Sciences Center’s press release.
FLUD Featured in WIRED Article 01/06/2012
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: FLUD, made by rabbit, mobile reading
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On December 9th, WIRED published an article on the future of mobile reading. FLUD, created by MBBP client Made By Rabbit, Inc., was featured in the article as one of the leading personalized news apps available for the iPhone. Made By Rabbit CEO Bobby Ghoshal was quoted discussing how news apps are “filling a natural gap in the media landscape”. He continues on saying:
We see the media space as having four facets; music, video, photos and news. Then I think of all the networks I use for each of those, where each product says something about my taste. I’ve got Spotify and iTunes for my music playlists, YouTube and Netflix for video, Facebook and Instagram for my photos, and yet the industry falls short on giving me something great for news.
To read the full article, please visit WIRED.
FLUD has recently launched a new 2.0 version. Visit FLUD’s website for more information.
MBBP Client Quoted in Boston Magazine Article 01/04/2012
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: boston magazine, MassDiGI, video game industry
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In December, Boston Magazine published an article highlighting the role of Massachusetts in the video gaming industry – noting that Massachusetts, as the fifth largest employer of video game developers in the country, is a launching pad for successful gaming companies. Tim Loew, the executive director of our client, Massachusetts Digital Games Institute at Becker College, was quoted discussing the Commonwealth’s industry focuses: “Eds and meds and games, that’s Massachusetts!”
For the full article, please visit Boston Magazine.
USPTO Extends Filing Deadlines for Green Technology Pilot Program 12/30/2011
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: green technology, patent program, USPTO
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On December 15th the United States Patent and Trademark Office (USPTO) announced it is extending the participation deadline for the Green Technology Pilot Program from December 31st, 2011 to March 30, 2012 or until 3,500 applications have been granted special status. The Green Technology Pilot Program allows for applicants to have their patent filing petitions advanced out of turn for examination, which helps speed the patent process up significantly.
Visit the USPTO for the full press release.
To learn more about the pilot program, please visit today’s Federal Register.
MBBP Ranked 12th and 9th in 2011 VC Report for Eastern US 12/22/2011
Posted by Morse, Barnes-Brown Pendleton in MBBP news.Tags: eastern US law firm, vc funding, venture capital
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In Wilmer Hale’s 2011 Venture Capital Report, Morse, Barnes-Brown & Pendleton, P.C. ranked 12th on the list of Top Counsel to Companies Receiving VC Financing in 2010 and 9th on the list of Top Counsel to VC-Backed Companies at Year-End 2010 beating out firms such as Foley Hoag LLP and Bingham McCutchen LLP. Not only does MBBP ‘do more with less’ – having the fewest attorneys of any firm on the list – they are one of only four ranked firms with less than 100 attorneys in Eastern US offices. 
(Click chart to view its full size)
Please visit MBBP to learn more about our Venture Capital practice.
Leaf Holdings Featured in Boston Business Journal Article 12/20/2011
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: Boston Business Journal, credit card terminals, leaf
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On December 1st, Boston Business Journal (BBJ) published an article featuring MBBP client Leaf Holdings, Inc., a Cambridge start-up that is working to improve credit card terminals in retailers and restaurants (to start). Leaf’s solution to the 20 and 30 year old machines is to add a new app to modify the point-of-sale systems at retailers. Stores that want to do an even bigger upgrade have the option of leasing custom hardware from Leaf, which includes a computing tablet, as a replacement for their current POS system. The aim of this new system is to offer more options and more of a conversation around retail purchases. Customers will be given the opportunity to rate the experience on Facebook or elsewhere, and will be offered the option of a paperless receipt.
To read the full article, please visit the BBJ.
Bob Shea to Speak at SBANE Human Capital Series Event 12/20/2011
Posted by Morse, Barnes-Brown Pendleton in Attorney News, Employment, Events.Tags: employment law, human resources, SBANE
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On January 10th the Smaller Business Association of New England (SBANE) is presenting a 2012 Legal Update as part of their Human Capital Series. The event includes discussion led by two employment attorneys, one of whom is MBBP Attorney and SBANE Board member, Bob Shea. Bob will provide information on developments in employment law, including new legislation and court decisions that will affect companies and their HR practices.
To learn more about the event or to register, please visit SBANE.
Boston Area Claims Top U.S. Life Sciences Hub in New Report 12/16/2011
Posted by Morse, Barnes-Brown Pendleton in Life Sciences.Tags: boston life science, jones lang lasalle, mass high tech
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Mass High Tech recently published an article describing a new global report released by real estate services firm Jones Lang LaSalle which names Boston the number one life sciences cluster spot in the United States. The US Life Sciences cluster rankings were based on scores in each of the following six categories:
- High-Tech Research & Hospital/Medical Employment
- Science & Engineering Graduate students
- National Institute of Health Funding
- VC Funding
- Research and Development Spending as % of GDP
- Academic and Research Institute Facilities
Boston ranked number one in five of the six methodology categories, beating out 13 other regions. The only area in which Boston did not take the top spot – in this case, claiming the number two ranking – was in venture capital funding.
To view the full report, please visit Jones Lang LaSalle.
Innosight Co-founder Receives International Thinkers50 Innovation Award 12/15/2011
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: innosight, innovation award, thinkers50
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In November, Thinkers50 announced their definitive list of the 50 Most Influential Management Gurus. Topping the list at #1 is Clayton Christensen, a Harvard Business Professor, bestselling author and founder of MBBP client Innosight Consulting, LLC. Clayton is widely regarded as one of the world’s foremost experts on innovation and growth. Clayton was also recognized at the 2011 Thinkers50 Summit in London with the 2011 Innovation Award which is presented to the management thinker who has “reshaped the way we think about and practice innovation.”
Congratulations Clayton!
Please visit Harvard Business Review for more information on the Thinkers50 50 Most Influential Management Gurus.
Take Advantage of Expiring Tax Provisions to Encourage Business Investments 12/15/2011
Posted by Morse, Barnes-Brown Pendleton in Attorney News, Legal Developments.Tags: small business jobs act, tax, tax provisions
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MBBP has released a new Tax Alert which covers the topic of tax provisions contained in the Small Business Jobs Act of 2010 and the Tax Relief Act of 2010. These provisions are intended to encourage investments in and by businesses, but action is required before December 31st. Please see our full Alert to learn more.
For more information on the expiring tax provisions, please contact our tax attorneys Robert Finkel, Diana Espanola, Chip Wry or Don Parker.
If you would like to be added to our Tax Alert mailing list, please contact Jaclyn Jefgood.
FDA to Meet on December 16 to Discuss Proposed User Fee Program for Biosimilar and Interchangeable Biologic Product Applications 12/09/2011
Posted by Morse, Barnes-Brown Pendleton in IP and Trademarks, Legal Developments.Tags: biosimilar products, FDA, federal register
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The FDA recently announced a notice of public meeting and request for comments in the Federal Register regarding proposed recommendations for a user fee program for biosimilar biological products for fiscal years 2013 through 2017. The Federal Register notice describes the FDA’s proposed user fee program, as well as FDA’s proposed performance goals and procedures.
The public meeting will be held on Friday, December 16, 2011, from 9 a.m. to 1 p.m at FDA’s White Oak Campus in Silver Spring, MD. Registration to attend the meeting must be received by December 14, 2011. The FDA requests that electronic or written comments be submitted by January 6, 2012. Further details on how to register or submit comments can be found here.
The proposed recommendations include four types of fees, including biosimilar product development (BPD) fees, marketing application fees, and establishment and product fees, which are summarized briefly below.
The FDA proposed biosimilar product development fees include an initial BPD (Biosimilar Product Development) fee for each product and an annual BPD fee. Sponsors are required to pay only a single initial BPD fee for each product no matter how many indications are proposed for the product. The initial BPD fee for each fiscal year from 2013 to 2017 is proposed to be 10 percent of the human drug application fee established under PDUFA for that fiscal year. Each year thereafter an annual BPD fee is due on or before October 1 until a marketing application that is submitted by the sponsor is accepted for filing or the sponsor stops participating in the BPD program.
The FDA proposed that the marketing application fee be equivalent to the human drug application fee established under the Prescription Drug User Fee Act (PDUFA), less any cumulative BPD fees already paid for the biologic product. The FDA also proposed that the product establishment and product fees be equivalent to the establishment and product fees established under PDUFA for any given fiscal year.
For more information, check out the FDA’s notice published in the Federal Register or contact David Fazzolare.
Crowdfunding of Early-Stage Businesses Gaining Momentum 11/30/2011
Posted by Morse, Barnes-Brown Pendleton in Legal Developments.Tags: capital, crowdfunding, start-up
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By: Carl Barnes
Crowdfunding – in which entrepreneurs and start-ups use the internet to raise capital in small amounts from large numbers of ordinary investors – may be on its way to becoming a realty. For the moment, crowdfunding is virtually impossible under the federal securities laws. But even SEC Chairman Mary Schapiro acknowledges that crowdfunding is “gaining … popular support.” In early November, H.R. 2930, “The Entrepreneur Access to Capital Act,” was approved by the House of Representative by a margin of 407 to 17. President Obama has announced his support for the bill. And, most recently, Senator Scott Brown (R-MA) introduced S. 1791, “The Democratizing Access to Capital Act,” into the U.S. Senate.
The two bills differ in some respects. The House bill, for example, would allow entrepreneurs to raise up to $1,000,000 in any 12-month period ($2,000,000 if the company provides audited financial statements) from investors who may invest up to the lesser of $10,000 or 10% of their annual income. The Senate bill, on the other hand, would limit companies to raising no more than $1,000,000 in any 12-month period from investors who may invest no more than $1,000 per year.
But the two bills also have much in common. Both would require companies to make specific disclosures to investors and to notify the SEC of the crowdfunding. Whether the bills will be reconciled and ultimately become law – and whether they will actually help entrepreneurs raise capital more efficiently – remain open questions. But the momentum is definitely there.
For more information on crowdfunding and private placements generally, please contact Carl Barnes.
Mass Life Sciences Center Accepting Applications for Accelerator Loan Program 11/21/2011
Posted by Morse, Barnes-Brown Pendleton in Attorney News.Tags: accelerator loan program, Massachusetts Life Sciences Center
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By: David Fazzolare
The Massachusetts Life Sciences Center recently announced that it would be accepting applications for its Life Sciences Accelerator Loan Program. The program is designed to stimulate economic growth and innovation in the Commonwealth by providing much needed capital to early-stage life sciences companies while they continue to develop their technology and attract equity financing. Under the program, companies that have not yet raised more than $7.5 million in overall equity financing may receive a loan of up to $750,000. Fourteen companies have already received more than $8 million in loans through the program. Applications are currently being accepted online through noon on December 30, 2011, and announcements of the awards will be made on April 24, 2012. Early-stage life sciences companies that have a significant potential to commercialize their technology, grow rapidly, and attract private equity financing are encouraged to apply.
Massachusetts Passes Transgender Rights Bill 11/21/2011
Posted by Morse, Barnes-Brown Pendleton in Attorney News, Employment, Legal Developments.Tags: employment discrimination, gender identity, new legislature
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By: Bob Shea
On November 16, 2011, the Massachusetts Legislature passed a bill that will protect transgender people from discrimination in employment, housing, mortgage loans and credit. Governor Patrick has stated that he plans to sign the bill. The bill, entitled “An Act Relative to Gender Identity,” will amend the state non-discrimination laws to include “gender identity” as a new protected category. The bill defines gender identity as “a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth.” The bill does not protect transgender people in places of public accommodation, including hotels, restaurants, clubs and restrooms. Assuming Governor Patrick signs the bill, the new law will go into effect on July 1, 2012.
For more information on employment issues, please contact Bob Shea.
BU Receives $13.6M Grant for Lung Cancer Study 11/18/2011
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: boston university, DOD, lung cancer research
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MBBP client Boston University School of Medicine (BUSM) has recently been awarded a $13.6 million grant from the U.S. Department of Defense Lung Cancer Research Program. The grant will be put toward a five-year national study that will focus on military personnel and veterans at military hospitals and Veteran’s Affairs medical centers. The study will be led by BUSM associate professor of medicine, pathology and bioinformatics, Avrum Spira, and will examine biomarkers as indicators of a future lung cancer diagnosis.
To learn more, please visit Mass High Tech or visit Boston University for the full press release.
