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iRacing Becomes NASCAR® Hall of Fame Official Racing Simulator Provider 11/06/2009

Posted by Morse, Barnes-Brown Pendleton in Client News, Deal News.
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iRacing.com Motorsport SimulationsMBBP client iRacing.com, a web-based racing simulation service for motorsport enthusiasts, has entered into an agreement with the NASCAR® Hall of Fame in Charlotte, NC to become the exclusive provider of its official racing simulator experience. As part of this agreement, iRacing.com has created custom simulation software that will entertain hundreds of thousands of visitors to the NASCAR® Hall of Fame every year.

MBBP serves as counsel to iRacing.com, and advised it in connection with the structuring, negotiation and documentation of this transaction.

EZFacility Completes Sale of Assets 11/05/2009

Posted by Morse, Barnes-Brown Pendleton in Client News, Deal News.
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EZFacilityEZFacility, a global leader in scheduling and management solutions for sports and athletic businesses, has been acquired through the sale of its assets to Gary Jonas Computing, Ltd., a leading provider of enterprise management software solutions to the Club, Fitness, Foodservices and Construction Management industries.

MBBP serves as counsel to EZFacility, and advised it in connection with the structuring, negotiation and documentation of this transaction.

Shire Collaborates on Treatment of Genetic Disorders 11/04/2009

Posted by Morse, Barnes-Brown Pendleton in Deal News.
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ShireShire, a worldwide leading specialty biopharmaceutical company that focuses on attention deficit and hyperactivity disorder, human genetic therapies and gastrointestinal diseases, has entered into a collaboration and license agreement with Santaris Pharma, another biopharmaceutical company concentrated on improving the treatment and outcome of patients with metabolic disorders and infectious diseases. The two will work to develop RNA-based medicines for the treatment of rare genetic disorders. 

MBBP serves as counsel to Shire, and advised it in connection with the structuring, negotiation and documentation of this transaction.

BBJ and Mass High Tech Publisher Qualifies! 11/04/2009

Posted by Morse, Barnes-Brown Pendleton in Uncategorized.
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2010 Boston MarathonMBBP congratulates Boston Business Journal and Mass High Tech Publisher, and long-time firm friend, Mike Olivieri on qualifying for the 114th Boston Marathon! The 2010 Boston Marathon, the world’s oldest annual marathon, will be held on Monday, April 19th. As with past races, Mike will be running to raise money for a favorite charity, AccesSport America, a local charity who inspires higher function and fitness for people of all disabilities through high-challenge sports.

The legendary course, a 26-mile route,  travels from rural Hopkinton to Boston and is certified per the guidelines set forth by the IAAF and USA Track and Field. Details and 2010 qualifying standards can be found here.

MBBP will be cheering for you, Mike!

RunMyErrand Founder is Named 2009 Hall of Fame Start-Up/Small Business Honoree 11/03/2009

Posted by Morse, Barnes-Brown Pendleton in Client News.
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RunMyErrand, Inc.MBBP congratulates Leah Busque, founder & CEO of client RunMyErrand, Inc. on her 2009 Hall of Fame honor!

The Boston Herald acknowledges her for:

“taking an idea and running with it, for pioneering the next phase of social networking, for connecting people in everyday tasks – first in Boston and soon in other cities…”

Way to go, Leah!

Gallini and Connolly Teach Babson Students the Basics of Immigration and Employment Law 10/30/2009

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Events.
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Immigration Attorney John GalliniOn November 2, MBBP Attorneys John Gallini and Scott Connolly will team up to teach the basics of business immigration and employment law to a group of Babson undergraduates, graduate students, and students of the Olin College of Engineering. This legal workshop is part of the Babson College Chamber of Commerce, which was established to support entrepreneurial activity on campus.

John Gallini advises and represents businesses, entrepreneurs and families with visa matters, ranging from temporary work visas to Permanent Residence to naturalization to U.S. citizenship.

Employment Attorney Scott ConnollyScott Connolly advises business clients in all aspects of employment law and regularly represents clients in state and federal courts and agencies in cases involving claims of employment discrimination, harassment, unlawful retaliation, wrongful termination, wage-hour violations, and in the litigation of non-compete and trade secret matters. Scott will instruct students at Babson on the topic: “Employment Law for Start-Ups and Emerging Companies.”

O’Connor and Steele Panelists at Clean Energy Conference in Boston 10/28/2009

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Clean Tech.
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Clean Energy ConferenceAttorneys Gerard O’Connor and Jeffrey Steele will be panelists on Financing and Partnering for Emerging Business at the 5th Annual Conference on Clean Energy to be held in Boston at the Hynes Convention Center, November 12–13. The conference, a centerpiece of Massachusetts’ Clean Energy Week, brings together entrepreneurs, investors and other stakeholders in the clean energy startup community including the opportunity to pitch innovations. The event is organized by The Massachusetts Technology Transfer Center and the The Massachusetts Hydrogen Coalition. Morse, Barnes-Brown & Pendleton is a conference sponsor. For more information on the conference agenda and registration, please see the conference web site at greenovationconference.com

Jerry O’Connor has a particular practice focus on advising early stage energy technology companies and software companies in all aspects of their formation and growth, including negotiating and carrying out angel and vc financings, strategic alliances and joint venture agreements. He serves as Clerk of the Massachusetts Hydrogen Coalition and of the New England Clean Energy Council.

Jeff Steele has extensive experience representing start-ups, developing companies and investment and venture capital firms in connection with private placements, seed and venture capital financings, mergers and acquisitions, intellectual property licensing, initial and secondary public offerings, public company compliance work, and executive employment matters.

Sayagle Launches Sayabit, Turns Files into Sharable URLs 10/27/2009

Posted by Morse, Barnes-Brown Pendleton in Client News.
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SayagleMBBP client Sayagle has introduced their first product, Sayabit, a innovative service that turns files into sharable URLs, simplifying the way files are shared over the internet. Unlike its competitors, Sayabit offers password-protected links, allowing better control over your shared files. In addition, Sayabit provides users with charts and graphs to track the number of clicks per file.

For more information read the full article here, visit the Sayagle website, or follow Sayagle on Twitter.

Allegro Diagnostics Receives Grant From The National Cancer Institute 10/27/2009

Posted by Morse, Barnes-Brown Pendleton in Client News, Life Sciences.
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Allegro DiagnosticsMBBP client Allegro Diagnostics has received a $2.8 million Phase 1/2 Fast Track Small Business Innovation Research grant from The Cancer Institute to be used for a clinical study of its lung cancer diagnostic test, BronchoGen. Allegro Diagnostics, a Boston-based medical test developer, has enrolled 800 people throughout the United States to receive the BronchoGen test, which studies the RNA gene expression levels of patients’ airway-lining cells that are accessed during bronchoscopy.

The full article can be read here.

New York Times Explores Virtual Racing World 10/22/2009

Posted by Morse, Barnes-Brown Pendleton in Client News.
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Sure iRacing has been making headlines in simracing and auto racing circles. But the New York Times recent feature on Bedford, MA-based iRacing brings simulated racing to a new audience. The article, For Virtual Racers, a League of Their Own, concentrates on the realistic and precision 3d reproduction of the racetrack view. States the article “…perhaps the most crucial aspect of iRacing’s commitment to accuracy is in reproducing the actual racetrack.” The following link was provided to illustrate.

Virgin Health Miles Plan To Democratize Exercise for Employee Health Incentives 10/20/2009

Posted by Morse, Barnes-Brown Pendleton in Client News.
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Virgin Health MilesMBBP client Virgin Health Miles made a splash this weekend in The Boston Sunday Globe’s article on employee health trends and what companies are doing to try and improve worker health. While many programs tell employees to make healthy choices, Virgin Health Miles has created an incentive-based program to encourage, track and reward exercise for individuals and for businesses as they earn “miles” for physical activity. Health Miles is a subsidiary of Britain’s Virgin Group. See the full Globe article, Sick on the job.

Fablevision’s Peter Reynolds Hosts Creativity Workshop for Educators 10/16/2009

Posted by Morse, Barnes-Brown Pendleton in Client News.
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fablevisionPeter Reynolds, founder and CEO of FableVision, will lead the “Make Your Mark” workshop for eduacators that blends the best current teaching practices and theories, innovative technology tools, and ready-to-roll ideas for the classroom — all with a creative flair. The event takes place October 27 from 8:30 am to 3:30 pm as a MassCUE pre-conference session in Sharon, MA. And bring your laptop!

For more information, please see the MassCUE web site.

Martinez and Czarnecki Give Babson Students Understanding of Business and Tax Basics 10/16/2009

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Events.
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David CzarneckiAttorneys Joseph Martinez and David Czarnecki are invited speakers at Babson College on the topic of “Choice of Business Entity and Tax Basics” on October 19. The program open to undergraduate students, Babson graduate students and Olin College of Engineering students, is part of the Babson Chamber of Commerce, the prime entrepreneurial organization at Babson College, created with the mission to support entrepreneurial activity on campus. Morse, Barnes-Brown & Pendleton is sponsor of the program.

Joe MartinezJoe Martinez concentrates his practice in the areas of general corporate and securities law. He represents clients in connection with company formations, venture capital and other private equity transactions (representing both issuers and investors), mergers and acquisitions, and the formation of private equity funds.

David Czarnicki practices corporate and securities law, representing clients in private equity financings, mergers and acquisitions, and other corporate transactions. He advises clients on a wide range of legal issues, including capitalization, employment, corporate governance and securities matters.

MogoTalk for iPhone To Be Sold in Apple Stores 10/16/2009

Posted by Morse, Barnes-Brown Pendleton in Client News.
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MogoMBBP client Newton Peripherals Inc. has secured a coveted retail spot in 220 Apple stores this fall. Its Bluetooth headset, MogoTalk for iPhone, is an ultra-thin, wireless earpiece that stores and charges in an iPhone. According to the Mass High Tech article, Newton Peripherals’ Bluetooth headset awaits Apple’s marketing magic, Newton “has just enough cash flow to make about 25,000 of the devices by the end of the year….” See the full article for more information.

Mogo Talk for iPhone was also recently named one of 12 “must have” products by Popular Science magazine.

See previous post with video of MogoTalk for iPhone.

State of the State: Video Games in Massachusetts 10/15/2009

Posted by Morse, Barnes-Brown Pendleton in Events.
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NE Games SIGThe New England Games SIG kicks off its ’09/ ’10 event season with a State of the State: Video Games in Massachusetts on October 20 from 6 to 9 pm in Cambridge, MA (registration, information).

Jason Schupbach, the state’s creative economy industry director, will share some of the latest statistics about the industry and discuss a new MA grant issued to study the local industry. He’ll also discuss tax break initiatives for game companies and what game companies can do to help push the industry forward.

Terrence Masson, Northeastern University’s senior academic specialist in the Department of Art and Design, will share his perspective on game education in Massachusetts and how his 20 years of production experience is driving the new games program at Northeastern.

Massachusetts has become one of the major game development hubs in the U.S. with companies likeTurbine, 2K Boston, Harmonix, Worldwinner, Blue Fang, Tilted Mill, Vivox, and gamer community portal gamerDNA.com. Our own Mike Cavaretta is founder of the NE Games SIG.

Mike Cavaretta Presents on Massachusetts Personal Information Statute 10/15/2009

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Events.
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Attorney Michael CavarettaAttorney Mike Cavaretta will be among the presenters at the Merrimack Valley Venture Forum’s October 21 meeting on “Solutions to Fraud and Identity Theft” from 5 to 8 pm.

The event will explore numerous ventures that have been launched to give users more control over their personal information and help stem the tide of fraud and on-line threats. Mike will present on the new Massachusetts Personal Information statute, with which every business must comply as of early 2010.

The event takes place at UMass Lowell Conference Center, Wannalancit Mill, 600 Suffolk Street, Lowell, MA. For more information and to register, see their web site.

Ding Dong, The Witch is Dead: USPTO Rescinds Controversial Rules 10/09/2009

Posted by Morse, Barnes-Brown Pendleton in IP and Trademarks, Legal Developments.
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Much to the delight of the majority of those in the patent community, recently appointed Director of the USPTO David Kappos signed a new Final Rule on October 8, 2009 rescinding controversial regulations proposed by the previous USPTO administration. The regulations, theoretically intended to improve examination efficiency, enhance the quality of examination, and manage the growing backlog of unexamined applications, were slated to take effect in November of 2007 and would have limited, among other things, the filing of continuation applications and the number of claims presented in an application. 

Implementation of the regulations was initially prevented by a court ruling holding that the changes were substantive in nature and exceeded the USPTO’s procedural rulemaking authority. However, in March of this year, a Federal Circuit panel affirmed that judgment in part and reversed it in part, finding that all but one of the rules were indeed within the agency’s rulemaking authority. In July 2009, the Federal Circuit vacated the divided-panel decision and agreed to hear the matter en banc.

On October 8, 2009 the USPTO announced that it will file a joint motion with GlaxoSmithKline, one of two plaintiffs in the related lawsuit, to dismiss the lawsuit and vacate the court decision.

According to Kappos, “These regulations have been highly unpopular from the outset and were not well received by the applicant community. In taking the actions we are announcing today, we hope to engage the applicant community more effectively on improvements that will help make the USPTO more efficient, responsive, and transparent to the public.”

More information is available in the full USPTO press release. For more information about our Patent Practice please click here, or contact Lisa M. Treannie.

Jon Gworek Comments on Orphaned IP 10/07/2009

Posted by Morse, Barnes-Brown Pendleton in Attorney News, IP and Trademarks.
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Start-up attorney Jonathan Gworek was quoted in today’s Mass High Tech article, Failed takeoff leaves entrepreneurs with orphaned IP, by writer Jill Gambon, which looks at the long-term strategy for a company’s intellectual property, even when the company doesn’t make it.

The Mass. High Tech article reads in part:

Jon Gworek“In a down market, some businesses defer selling and wait for the market to rebound or for buyers to emerge. These companies will often “mothball” operations and spend just enough to keep up with fees for patents, trademarks and other IP until they are ready to sell, according to Jonathan Gworek, an attorney with Morse Barnes-Brown & Pendleton in Waltham, who represents emerging technology companies.”

To learn more, read the full article

Emo Labs Receives Top Accolades at DEMOfall09 for Invisible Speaker Technology 10/07/2009

Posted by Morse, Barnes-Brown Pendleton in Client News.
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Emo LabsSince winning top honors at DEMOfall09 for its invisible speaker solutions, MBBP client Emo Labs, has been getting pretty good press including The Boston Globe and CBS News. In addition to winning one of seven DEMOgod awards for the public debut of its invisible speaker systems, Waltham-based Emo Labs was named the DEMO People’s Choice to receive the IDG $1 million media prize, an award that includes half a million dollars in free advertising services from IDG.

Emo Labs’ invisible speaker systems deliver high-quality, stereo sound from today’s streamlined display products including TVs, monitors and laptops. The first fundamentally new loudspeaker technology in decades, the company’s patented Edge Motion™ audio technology uses an ultra-thin, transparent material that enables speakers to literally disappear into the display.

See video of Emo Labs’ winning launch presentation at DEMOfall09.

MBBP Strengthens Global Connections, Hosts International Meeting 10/06/2009

Posted by Morse, Barnes-Brown Pendleton in Client News, Events.
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LawExchange InternationalMorse, Barnes-Brown & Pendleton hosted last week the Fall 2009 meeting of LawExchange International — an association of mid-sized law firms serving clients in major commercial markets across the globe. Some 35 delegates, representing 20 law firms from five continents, gathered in Boston for their semi-annual meeting to share their substantive expertise and to discuss how we can all better serve one another’s clients.

Being a member of LawExchange International has proven to be extremely beneficial to the firm and our clients. As managing partner Don Parker explains,

Donald W. Parker“We have a direct conduit to lawyers and law firms that we know well and trust for our clients who are engaging in business in virtually every major overseas market. We find that our clients increasingly are engaged in business abroad and we rely on this resource on a weekly basis.”

As one of only four U.S. members of LawExchange International, the firm also has done some very interesting work for foreign businesses expanding their presence in North America. MBBP has been a member since 2005. To discuss your international business legal needs, please contact Don Parker.