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Team Wine or Team Tequila? Upcoming TUGG 9th Annual Tech Charity Wine and Tequila Party 04/13/2015

Posted by Morse, Barnes-Brown Pendleton in Clean Tech, Events, Industries, Life Sciences, MBBP news, Nonprofit, Public Companies, Telecommunications & Networking, Venture Capital & Private Equity.
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2015-04-13_8-13-29On Thursday, April 16th, MBBP will be sponsoring the TUGG 9th Annual Wine and Tequila Party. Join 1,500+ of Boston tech’s entrepreneurs, venture capitalists, and philanthropists as we raise $400K+ to support six local nonprofits, while enjoying top-shelf wine and tequila. The non profits at this year’s party will consist of three returning favorites from the TUGG portfolio, and three new and promising ones. Meet and mingle with representatives from these nonprofits and hear their stories during the event. Then cast your votes for your favorite returning and your favorite new nonprofit. The winning non profit will be awarded up to $50,000. 

 

Don’s miss out! Learn more and register for the TUGG 9th Annual Wine and Tequila Party.

MBBP Clients Named 2015 MITX Awards Finalists 04/09/2015

Posted by Morse, Barnes-Brown Pendleton in Clean Tech, Client News, Events, Internet and E-Commerce, Public Companies, Publishing & Media, Telecommunications & Networking.
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2015-04-09_13-16-10On Wednesday, April 8th, the Massachusetts Innovation & Technology Exchange announced the finalists for the 2015 MITX Awards. The MITX Awards is the largest and most prestigious annual awards competition in the country for digital marketing and technology innovation, bringing together 1,200 of the best and brightest minds in the digital media, marketing and technology industry. The awards ceremony will take place on Thursday, May 14th, 2015 at the Marriott Copley.

Among this year’s finalists, are several MBBP clients:

Forge Worldwide
Yottaa
Mullen Advertising, Inc.
LogMeIn
Nanigans
Interactions, Corp.

Congratulations to all! To see the full list of finalists, please visit MITX.

Tap into the Power of Games With the MIT Enterprise Forum 04/09/2015

Posted by Morse, Barnes-Brown Pendleton in Games & Interactive Entertainment.
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Today billions of people around the world play games, and not just for fun.  Many people are now playing games to stimulate their minds, improve their health, and change their behavior, as companies beyond those traditionally thought of as game companies incorporate game mechanics and business models into their offerings. On April 13, 2015 The MIT Enterprise Forum of Cambridge will host a half-day conference, The Big Game Theory: Gaming Beyond Gamers. This conference will focus on topics of interest to companies seeking to adopt game elements, including Universal Best Practices, Gaming in Healthcare, Driving Engagement and much more!

MBBP partner Mike Cavaretta is the founder, former chair, and current steering committee member of the MIT Enterprise Forum of Cambridge’s Games and Interactive Entertainment Community Circle, which played a key role in organizing the conference.

The agenda and registration can be found here.

MBBP Clients Named SBANE New England Innovation Awards Finalists 04/07/2015

Posted by Morse, Barnes-Brown Pendleton in Clean Tech, Client News, Events, Industries, Manufacturing, Retail & Service, Nonprofit, Publishing & Media, Telecommunications & Networking.
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2015-04-07_11-01-36The Smaller Business Association of New England recently announced this year’s Innovation Awards Finalists. MBBP would like to congratulate clients OYO Sports and Comark on advancing to the final stage of this prestigious competition. Innovation is at the heart of economic prosperity and SBANE continues to recognize those companies and organizations that have transformed their innovative ideas into a product or service that delivers proven value to customers. Former winners come from varying fields such as technology, manufacturing, service (both for profit and not for profit), and retail / distribution. Winners and Finalists will be honored at the “Evening of Innovation” Gala Dinner on May 6, 2015 at the Westin Hotel in Waltham, MA.

To learn more about all of the Finalists of the 2015 Innovation Awards via SBANE.

Newest Issue of VC Spotlight Highlights 2013 & 2014 First Institutional Rounds Data 04/02/2015

Posted by Morse, Barnes-Brown Pendleton in Legal Developments, New Resources, Venture Capital & Private Equity.
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Each quarter, MBBP compiles a comprehensive database of venture capital transactions that have closed within New England, New York and New Jersey. In our most recent VC Spotlight, MBBP presents the 2013 & 2014 First Institutional Rounds Deal Terms – as seen below.

2015-04-01_11-26-14

 

Further data analysis, as well as featured articles, can be found in this quarter’s VC Spotlight Newsletter.

Infringement v. Homage: Pharrell Williams, et al. v. Bridgeport Music Inc., et. al. 03/30/2015

Posted by Morse, Barnes-Brown Pendleton in Intellectual Property, Legal Developments, Licensing & Strategic Alliances, Publishing & Media.
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By: Callie L. Pioli

Callie L. PioliThe music industry did not get far into 2015 before delivering a blockbuster copyright case. Pharrell Williams’ and Robin Thicke’s 2013 hit Blurred Lines was in fact only 50% their hit, according to a jury verdict in mid-March that found in favor of Marvin Gaye’s children.  As co-owners of his original 1977 hit, Got to Give it Up, Gaye’s children successfully argued that Williams and Thicke had copied numerous aspects of their father’s song and had infringed the copyright in the 1977 hit. The jury accepted the Gaye family’s contention that if Got to Give It Up had been properly licensed, the family would have received royalties of 50% of the $8 million in Blurred Lines revenue. Additionally, Williams and Thicke were forced to surrender $3.4 million of their earned profits from Blurred Lines sales.

Ironically, the lawsuit was commenced by Williams and Thicke themselves, who originally sought a preemptive ruling that Blurred Lines “shared no similarities”[1] with Got to Give It Up after receiving complaints from members of the Gaye family. The Gayes, as defendants, successfully litigated a counter-claim, arguing that the songs were substantially similar and that they were owed $25 million in royalties, profits, and statutory damages. Williams and Thicke lived up to their reputations as performers while on the stand, doing their best to persuade the jury to re-interpret copyright law as excluding the “feel” or “sound”[2] of music, and taking the opportunity to sing to the jury.

While much has been made of the spotlight on Thicke’s admitted drug use in the studio, the blatantly inconsistent statements regarding exactly how much influence Gaye had on Williams and Thicke during the writing process, and the whopping total award of $7.3 million to the Gaye family, the suit also illustrated the importance of both copyright compliance and honoring fiduciary duties. Continue reading…

Any interested “ordinary observers” can listen to a direct comparison of Blurred Lines and Got to Give it Up online.

For more information on copyright law and intellectual property licensing, please contact Callie Pioli or any member of our copyright group.

[1] Complaint for Declaratory Relief at ¶ 1, Pharrell Williams, et al. v. Bridgeport Music Inc., et. al., No. 13-06004 (N.D. Cal. Aug. 15, 2013).

[2] Id. at ¶ 2.

MBBP Managing Partner Lisa Warren Panelist at MassBio Annual Meeting 03/20/2015

Posted by Morse, Barnes-Brown Pendleton in Life Sciences, MBBP news.
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M0164549On Thursday, March 26th MBBP Managing Partner Lisa Warren will sit as part of a panel at The MassBio Annual Meeting.  The discussion will be on the topic of Externalizing Pharma R&D.

The MassBio Annual Meeting is a two day event that focuses on the most timely and critical challenges facing the Massachusetts biotechnology industry. As MassBio’s largest event, drawing close to 400 industry leaders, the meeting program is compiled by a Steering Committee and includes keynote presentations, plenary discussions, two panel tracks (Better Business and Trends in Science), and extensive networking opportunities.

For more information contact MassBio.

MBBP Client OtoSense Earns Top Award at GSMA Global Mobile Awards 03/12/2015

Posted by Morse, Barnes-Brown Pendleton in Clean Tech, Client News, Computer Software & Hardware, Intellectual Property, Manufacturing, Retail & Service, New Resources, Public Companies.
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2015-03-12_9-40-31MBBP client OtoSense, a Cambridge-based start-up, has recently been recognized for its sound recognition technology. The company has developed an app that enables hearing impaired end users to select various traditional sounds such as bells, alarms, timers, etc. that occur within an everyday environment and then identify such sounds as they occur and alert the end user via non-acoustic means such as flashes, vibrations or text messages. Selected out of more than 800 entries and judged by a panel of international experts, the start-up won the “Best Mobile App of the Year” Global Mobile Award, in the category of Accessibility & Inclusion, at the 20th annual GSMA Global Mobile Awards.

Well done, OtoSense!

You can view a full list of 2015 Global Mobile Award winners here.

Insights on Corporate Venture Capital 03/04/2015

Posted by Morse, Barnes-Brown Pendleton in Corporate, Legal Developments, New Resources, Public Companies, Venture Capital & Private Equity.
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Corporate Attorney Scott BleierLast week, MBBP’s Scott Bleier attended a panel discussion hosted by the Johnson & Johnson Boston Innovation Center, which featured three corporate venture capitalists from Sanofi-Genzyme Bioventures, Boehringer Ingelheim Venture USA Inc. and Johnson & Johnson Development Corp.  In a very informative and candid discussion, the panelists shared the investment philosophies behind their companies’ CVC funds, what issues they consider when making an investment and their insights for start-ups seeking access to CVC funding.  The panel revealed several points of apparent consensus in the CVC community while also highlighting a divergence of philosophical approach in certain important areas.

To learn more about the panel discussion regarding CVC funds, please visit our VCs and Start-Ups blog.

Apotex’s Second Biosimilar Application Accepted by FDA 02/26/2015

Posted by Morse, Barnes-Brown Pendleton in Industries, Life Sciences, New Resources.
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Patent Attorney Joanna Brougher Patent Attorney David FazzolareBy: David A. Fazzolare and Joanna T. Brougher

On February 18, 2015, Apotex Inc., announced that the Food and Drug Administration (FDA) had accepted its application for a biosimilar version of Amgen Inc’s Neupogen®. Apotex is second to Sandoz Inc. to propose a biosimilar version of Neupogen® (filgrastim), which is administered during chemotherapy to boost white blood cell counts and help fight infections. This is Apotex’s second biosimilar application, following Neulasta® (pelfilgrastim), a long-acting version of Neupogen®, filed last year. The approval of both Sandoz’s and Apotex’s Neuopogen(r) biosimilar applications could shed some light on the extent to which biosimilars will impact biologic sales.

Apotex hopes its biosimilar will be designated as an “interchangeable” product under the Biosimilars Act, which means that pharmacists filling prescriptions for Neupogen(r) could potentially substitute it without consulting the prescribing physician. However, it it is unclear whether it will benefit from the exclusivity period awarded to the first interchangeable product in view of Sandoz’s earlier filed Neupogen(r) biosimilar application. Even though Sandoz has publicly stated that it is not seeking interchangeability status for its Neupogen® biosimilar product, if the FDA nevertheless designates it as interchangeable Apotex would not be entitled to exclusivity for its Neupogen® biosimilar, and would have to wait until Sandoz’s exclusivity expired before the FDA would designate Apotex’s Neupogen® biosimilar as interchangeable.  On the other hand, if the FDA does not designate Sandoz’s Neupogen® biosimilar as interchangeable, then Apotex’s biosimilar could be designated as interchangeable, as well as benefit from the exclusivity awarded to the first biosimilar to receive designation as interchangeable.
For more information on this topic, please contact David A. Fazzolare or Joanna T. Brougher.

Forging Successful Strategic Alliances for Life Sciences Companies 02/25/2015

Posted by Morse, Barnes-Brown Pendleton in Corporate, Licensing & Strategic Alliances, Life Sciences, M&A, New Resources, Public Companies.
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M0744200When entering into an exclusive licensing arrangement, the odds of success are against most companies. Typically within the first twelve months of an arrangement, 2/3 of all alliances crumble.  If these ventures are so prone to failure, what preventative measures can a company employ to ensure success?

To learn how to achieve success when entering an alliance, read John Hession’s full article.

MBBP Client Demiurge Studios Acquired by SEGA Networks 02/20/2015

Posted by Morse, Barnes-Brown Pendleton in Client News, Computer Software & Hardware, Games & Interactive Entertainment, Intellectual Property, Legal Developments, Licensing & Strategic Alliances, New Resources, Public Companies, Publishing & Media.
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2015-02-19_10-29-40MBBP Client Demiurge Studios, an independent game developer out of Cambridge, Massachusetts, has been acquired by SEGA Networks, a multinational video game developer, publisher, and hardware development company. Founded in 2002, Demiurge Studios made the transition into mobile gaming in 2008 and found success with Marvel® Puzzle Quest™, a top 100 grossing app on the App Store and top 50 grossing apps on Google Play. Previously, they worked with world-class developers like BioWare™ and Irrational Games™ on AAA console and PC games, contributing to titles such as BioshockBorderlands, and Mass Effect. Demiurge Studios will continue to make games under the Demiurge Studios name.

Morse, Barnes-Brown & Pendleton serves as counsel to Demiurge Studios, and advised it in connection with the structuring, negotiation and documentation of this transaction.

Joe Martinez was the lead corporate attorney on MBBP’s team, which also included attorneys Mike Cavaretta, Diana Española and Hillary Peterson.

To learn more, read the full press release.

The Industrial Internet Consortium Announces Release of “Track and Trace” 02/18/2015

Posted by Morse, Barnes-Brown Pendleton in Client News, Industries, Manufacturing, Retail & Service.
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2015-02-12_12-25-14

MBBP client The Industrial Internet Consortium (IIC), a non-profit group whose mission is to accelerate growth of the Industrial Internet by identifying, assembling and promoting best practices, has announced the release of the Track and Trace testbed. The goal of this project is to manage handheld power tools in manufacturing and maintenance environments by efficiently tracking and tracing the usage of these tools for proper use. During this two year project, five Industrial Internet Consortium members will be lending their expertise to the testbed. With the Track and Trace testbed, companies will be able to enhance productivity, production quality, and work safety in manufacturing.

To read the full press release.

MBBP’s Carl Barnes on Panel for Boston University Law School Symposium: The Legal Challenges of Funding Startups 02/17/2015

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Events, MBBP news, Venture Capital & Private Equity.
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Corporate Attorney Carl BarnesCarl Barnes will be a panelist at a symposium presented by the Boston University School of Law Review of Banking and Financial Law on Friday, February 27, 2015. The symposium will bring together legal scholars and practicing lawyers to discuss key financial issues that startup companies face, including crowdfunding, startup financing, and the tension between state and federal law.

For any questions regarding venture capital and start-up financing, please contact Carl Barnes.

Upcoming MBBP Event: Series A Venture Capital Financing: A Review of 2014 and What to Expect in 2015 02/12/2015

Posted by Morse, Barnes-Brown Pendleton in Events, MBBP news, Venture Capital & Private Equity.
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Cambridge Innovation Center (CIC)On Thursday, March 5th MBBP will host a VC event at the Cambridge Innovation Center discussing the various factors that need to be taken into consideration when pricing a venture capital transaction. We have gathered a panel of seasoned VCs that will discuss these factors and will share invaluable insight to entrepreneurs preparing for a fundraising.

Moderated by:
Scott Bleier, Senior Attorney, Morse, Barnes-Brown & Pendleton, PC


Panelists:
Luke Burns, Partner, Ascent Venture Partners
Rob Go, Cofounder, NextView Ventures
Paul Flanagan, Managing Director, Sigma Prime Ventures

This event is complimentary, but space is limited. Register today!
Please visit our event page for more details and to register.

MBBP Client Forge Worldwide Wins “Sweet” Partnership with Friendly’s 02/05/2015

Posted by Morse, Barnes-Brown Pendleton in Client News, Industries, Internet and E-Commerce, Public Companies, Publishing & Media, Telecommunications & Networking.
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forgelogoMBBP would like to congratulate client Forge Worldwide, a Boston-based advertising agency, for winning a partnership with Friendly’s Ice Cream.  Forge Worldwide will now oversee all television, radio, print and out-of-home advertising for Friendly’s as well as provide support to the Friendly’s team as it focuses on its re-brand and resurgence in core markets. Some other clients Forge Worldwide works with include Cisco, Rockland Trust, Brigham and Women’s Hospital, and Dragon Speech Recognition Software.

 

You can read the full announcement here.

Well done, Forge Worldwide!

FDA Recommends Approval of Sandoz’s Biosimilar Drug, a First 01/07/2015

Posted by Morse, Barnes-Brown Pendleton in Client News, Life Sciences, Medical Devices.
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By: David FazzolarePatent Attorney David Fazzolare

On January 5, 2015, the US Food and Drug Administration’s (“FDA’s”) Oncologic Drugs Advisory Committee (the “Committee”) announced its recommendation that the FDA approve Sandoz Inc.’s application to market Zarxio® (EP2006), a biosimilar version of Amgen, Inc.’s Neupogen® drug.  The Committee explained its recommendation in a 62-page, publicly-issued briefing document.  Zarxio® is the first drug reviewed by the Committee under new biosimilars provisions enacted as part of the Patient Protection and Affordable Care Act.  The Committee’s recommendation is therefore a key step forward not only for Zarxio®, but also for implementation of the new biosimilars provisions (known as the Biologics Price Competition and Innovation Act of 2009, or “BPCIA”).

Sandoz is not yet seeking interchangeability status for Zarxio®, a designation which allows pharmacists to substitute biosimilars in place of prescribed reference biologics—i.e., Zarxio® in place of Neupogen®.  Sandoz told the Committee it plans to file for interchangeability only after Zarxio® is fully approved as a biosimilar.

The Committee’s recommendation, while a milestone for the drug and the FDA, does not automatically clear the way for approval of Zarxio®.  The Committee noted that the lack of comparative data available left some “residual uncertainty about whether ADA [anti-drug antibodies] incidence is similar in subjects administered [Zarxio®] and … Neupogen®.”  On January 7, 2015, the FDA will take testimony from experts, who may weigh in on this issue, and provide their own recommendations as to whether the FDA should approve Zarxio® as a Neupogen® biosimilar.  The FDA will then undertake a full review of Zarxio®.  In the background is Amgen’s pending federal lawsuit against Sandoz, brought on October 24, 2014, which alleges Sandoz’s conduct violated the procedures required by the BPCIA.  Amgen also submitted a citizen’s petition to the FDA on October 29, 2014, asking that the FDA require biosimilar applicants to fully comply with all BPCIA procedures.  How the Committee’s recommendation will affect these filings remains unclear.

For more information, please contact David Fazzolare.

Q3 VC Data Reported in MBBP’s VC Spotlight Newsletter 12/19/2014

Posted by Morse, Barnes-Brown Pendleton in Client News, Venture Capital & Private Equity.
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MBBP’s Q4 VC Spotlight newsletter just published over on our Venture Capital and Start-Up Blog!

We’re reporting on Q3 2014 First Institutional Rounds; how the SEC’s suggested changes to the definition of which investors constitute “accredited investors”  might affect you; and a recent financing completed by our client, MA-based OYO Sports.

Get the details here.

Federal Circuit in Sandoz v. Amgen Upholds District Court Ruling on Standing Requirements in Biosimilars Cases 12/19/2014

Posted by Morse, Barnes-Brown Pendleton in Legal Developments, Life Sciences, Medical Devices, New Resources.
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Patent Attorney David FazzolareBy: David A. Fazzolare

The recent back and forth between Amgen and Sandoz took another dramatic turn on December 5, 2014, when the Federal Circuit affirmed the district court’s dismissal of Sandoz’s declaratory judgment lawsuit against Amgen because Sandoz’s alleged injury did “not meet the requirements of immediacy and reality” necessary for standing. Regarding immediacy, Judge Taranto noted that Sandoz had brought the suit at a time when it was years away from completing its Phase III clinical trials for its Enbrel® biosimilar. Obtaining FDA approval would further push back the earliest possible date on which Sandoz could hope to market its drug. Regarding reality, Judge Taranto further opined that it was possible that Sandoz’s biosimilar would never infringe the patents licensed to Amgen. For example, Sandoz’s drug could fail completely in Phase III trials and never be approved by the FDA; the drug might also require modifications making it dissimilar enough from Enbrel® as to prevent infringement, even while remaining biosimilar. For those reasons, Judge Taranto concluded Sandoz could not demonstrate that either of these possibilities was “so unlikely to arise” that Sandoz could show it had a concrete injury in the pipeline.

While seemingly fact-specific, the Federal Circuit’s decision may have larger ramifications for future cases involving the BPCIA. Judge Taranto noted in his opinion: “The biosimilarity approval standard is new; indeed, the FDA has not yet applied the new standard to complete its review of and approve any product under the BPCIA.” Yet elsewhere in the opinion, Judge Taranto suggested that the Federal Circuit, at least, had an idea of how courts should evaluate BPCIA cases. He wrote: “Our conclusion is consistent with our cases under the Hatch–Waxman Act. As noted above, we have found no justiciability where a declaratory-judgment plaintiff had not filed an application for the FDA approval required to engage in the arguably infringing activity. On the other hand, where we have found a case or controversy in the Hatch–Waxman setting, we have focused on the presence of an application for the required FDA approval.” Thus Sandoz’s failure to submit a biosimilar application to the FDA before filing seeking its declaratory judgment seems to have played a role in the outcome of the case.

The Federal Circuit’s decision to consider this BPCIA ruling’s conformity with Hatch–Waxman may be due to the fact that the BPCIA provision under which Sandoz’s brought suit was directly “borrow[ed] from” Hatch–Waxman. Whether other courts hearing BPCIA cases will look to Hatch–Waxman or view this part of the Federal Circuit opinion as dicta remains to be seen.

The Federal Circuit ultimately declined to review the district court’s alternative grounds for dismissal involving Sandoz’s failure to comply with BPCIA procedures, limiting the extent of its holding. While Sandoz may appeal this decision to the Supreme Court, it is clear for now that parties must continue to carefully evaluate standing prior to bringing a patent infringement suit under the BPCIA.

For more information on this topic, please contact David A. Fazzolare.

Upcoming MBBP Event: Get Your Head in the Cloud 12/12/2014

Posted by Morse, Barnes-Brown Pendleton in Computer Software & Hardware, Events, Industries, Internet and E-Commerce, MBBP news.
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On Tuesday, January 13, 2015, MBBP will host the Women’s Bar Association event entitled Get Your Head in the Cloud. A panel of experts will lead a discussion on the basics of cloud computing, how corporations are integrating it into their business, and the benefits involved.

Panelists Include:
Howard Zaharoff, Partner, MBBP
Anne W. Hulecki, Principal, Law Office of Anne W. Hulecki

To learn more or to register for this event, please visit the WBA website.

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