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Joseph Hunt Joins MBBP as Corporate & Tax Associate 11/14/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Computer Software & Hardware, Corporate, Life Sciences, MBBP news, Taxation, Venture Capital & Private Equity.
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JEH Headshot Photo 2017 (M1147148xB1386)We are pleased to announce the addition of corporate and tax associate, Joseph E. Hunt IV.

Joe advises emerging and middle-market companies in a wide range of industries and at all stages of their development.

Joe also provides counsel to clients on general tax matters, entity formation, and on corporate governance. Prior to joining MBBP, he worked in the Mergers & Acquisitions Transaction Services of a Big Four advisory firm. He focused on advising private equity and multinational corporate clients throughout the M&A life cycle in both buy-side and sell-side transactions, maintaining an emphasis on software, life sciences, and technology industries.

For more information, read the full announcement.  We invite you to contact Joe directly.

Skelmet Creates Custom-Built Sport Sunglasses Using 3-D Technology 09/14/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Computer Software & Hardware, Manufacturing, Retail & Service.
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MBBP client Skelmet’s Falcon 1 sport sunglasses are custom-built to perfectly fit your face and are ideal for athletes. They are created using 3-D scanning and printing technology and Skelmet’s design algorithm. The order process for the glasses includes a 3-D scan of the face, which is then entered into Skelmet’s A.I. Fit design system, after which the glasses are 3-D printed.

Skelmet’s cofounder Rain Wang, a former triathlete, created the company from her growing frustration of the fit of mass-produced sports products. Skelmet mass customizes all of its products so that consumers can find their individual fit.

To learn more about Skelmet’s Falcon 1 sunglasses, read the full article in the Boston Globe.

TechCrunch Names Escher Reality One of of Top 7 Startups at Y Combinator S’17 Demo Day 08/29/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Computer Software & Hardware, Games & Interactive Entertainment.
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TechCrunch named MBBP client Escher Reality one of the top seven startups from the Y Combinator Summer 2017 Demo Day part 1. Y Combinator’s Demo Day is an opportunity for the companies that participated in its intensive pitch preparation program to present their company to investors.

Escher Reality is an augmented reality data platform that collects AR mapping data from camera phone videos and allows other developers to build on the augmented reality experience. TechCrunch picked them as one of their top seven startups because:

AR is becoming the next big trend in consumer software. But the physical world is vast, and both developers and platforms will need assistance getting mapping data for everywhere.”

Congratulations to Escher Reality on this recognition. More information can be found on TechCrunch.

MBBP Welcomes Intellectual Property Attorney Amanda Schreyer as Counsel 08/23/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Computer Software & Hardware, Games & Interactive Entertainment, Intellectual Property, Internet and E-Commerce, MBBP news, Publishing & Media.
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AES Headshot Photo 2017 (M1117143xB1386)We are pleased to announce the addition of Intellectual Property Counsel Amanda Schreyer.

Amanda will continue to concentrate her practice on privacy and data security, licensing and strategic alliances, trademark, and transactional matters. Schreyer’s clients include video game and software developers, digital influencers, media publishers, influencer marketing agencies and other intellectual property holders.

Amanda regularly advises clients on such matters as sweepstakes and contest rules and regulations, native advertising and sponsored content, and FTC endorsement and disclosure requirements. She has substantial experience negotiating film, television, and book deals, and is very knowledgeable about talent collective bargaining agreements. Amanda prosecutes trademarks at the U.S. Patent and Trademark Office, and also advises creative entrepreneurs in connection with a variety of transactional matters.

We invite you to contact Amanda directly.

Firm Clients Sheprd and iZotope Are Finalists in MassTLC Leadership Awards 07/27/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Computer Software & Hardware, Internet and E-Commerce, Telecommunications & Networking.
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Firm clients Sheprd and iZotope are among the 2017 MassTLC Technology Leadership Awards finalists. The awards, presented by the Mass Technology Leadership Council, are comprised of individual and company categories, including CEO of the Year, Emerging Executive of the Year, Emerging Company of the Year, Cutting Edge Technology of the Year, and Technology for a Better Tomorrow, among others.

Sheprd and iZotope are both finalists in the Innovative Tech of the Year: Consumer category. The winners will be announced at the MassTLC Leadership Awards Gala on September 14th.

Congratulations and good luck to our clients, Sheprd and iZotope.

List Mania: Top IP Developments of 2016 04/04/2017

Posted by Morse Barnes-Brown Pendleton in Computer Software & Hardware, Intellectual Property, Internet and E-Commerce, Privacy and Data Security, Telecommunications & Networking.
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wrs-headshot-photo-2016-m0980966xb1386While you may have been distracted by a tumultuous 2016, at MBBP we have been monitoring developments in intellectual property. We are happy to present, in no particular order, our list of the top IP developments of 2016, plus an Honorable Mention for 2017.

In the full article on our website, “List Mania: Top IP Developments of 2016“, Bill Schmidt covers the following developments:

  1. Patent Infringement Plaintiffs Get a “Halo”: Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc.
  2. A Light at the End of the Tunnel for Software Patents?: Enfish v. Microsoft Corp.
  3. High Octane Fee Shifting: Octane Fitness, LLC v. Icon health & Fitness, Inc.
  4. Limits on “Common Sense”: Arendi S.A.R.L. v. Apple
  5. Shhh… It’s a Secret: Defend Trade Secrets Act of 2016
  6. Designs, Damages, and Dinner Plates: Apple Inc. v. Samsung Electronics Co.
  7. Personal Information Expressway: EU-US Privacy Shield Framework
  8. In Defense of Abbott and Costello: TCA Television Corp. v. McCollum
  9. Thanks, but No Thanks: UK votes to exit the European Union
  10. Honorable Mention for 2017: CRISPR/Cas9

MBBP Trademark Client FusionStorm Earns Ultra-Exclusive Dell EMC Titanium Black Honor 02/01/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Computer Software & Hardware.
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MBBP’s trademark client FusionStorm has truly earned its stripes over the past six years fusionstorm-logoafter receiving more than a dozen Partner of the Year vendor awards, and recently having been handpicked as one of the partners to join the extremely exclusive Dell EMC Titanium Black program. This program gives FusionStorm access to a broad range of exclusive benefits aimed at driving sales growth, and also provides the company with the ability to meet, confer, and brief with Dell’s top technologists and Dell EMC CEO Michael Dell. FusionStorm’s CEO of five years, Dan Serpico, has attributed the company’s success to its ability to adapt to how the environment and market each shift, to maintain the company’s strong relationships with vendors and customers, and to lead the company through shifts in the industry.

The company’s entrepreneurial sales approach and technical expertise have served to build the company’s culture, and in turn, its ability to deliver its service product. Serpico attributes the company’s great success to FusionStorm’s employees and their innovative ideas, as listening and paying attention to the workers is another segment of FusionStorm’s culture. The company works incredibly hard to remain ahead of competitors in order to predict shifts and remain relevant within the industry. With the company’s recent and incredible success, Serpico emphasizes the importance of continuous innovation, and the company pays very close attention to the future of the industry, and how FusionStorm will remain a part of it. Congratulations to FusionStorm!

For more information, read the full article.

Privacy & Data Security Video: Privacy and Data Security in the Cloud 10/11/2016

Posted by Morse Barnes-Brown Pendleton in Attorney News, Computer Software & Hardware, Intellectual Property, Privacy and Data Security.
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In our fifth Privacy & Data Security video clip, MBBP attorney Howard Zaharoff identifies the legal and practical measures that both cloud providers and cloud customers should take, including the critical terms each should require in their contracts.

Make sure to subscribe to our YouTube channel and to check out our Privacy & Data Security playlist for related videos.

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MBBP Client BBK Worldwide Partners with Apptomics on App to Monitor Parkinson’s Patients 07/11/2016

Posted by Morse Barnes-Brown Pendleton in Client News, Computer Software & Hardware, Life Sciences, Medical Devices.
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Firm client BBK Worldwide is partnering with Wellesley-based digital health app maker, Apptomics, as it prepares to launch a one-year clinical trial in September. Using a combination of apps (iMotor and MyPD), for monitoring patients with Parkinson’s disease, the trial will test the effectiveness of these tools in impacting the management of Parkinson’s disease and health outcomes.  iMotor measures objectively patients’ motor function by combining several variables and MyPD focuses on collecting data related to symptoms, medications, side effects sleep quality, and emotional status. Data collected are transmitted in reports to patients’ neurologists.BBK Worldwide Holdings logo (M0790340xB1386)

BBK Worldwide is the foremost patient recruitment and engagement technology firm, providing a range of award-winning creative services and technology solutions to the world’s most innovative pharmaceutical and biopharmaceutical companies and their outsourced suppliers, such as CROs and eClinical providers. Apptomics works to achieve optimal management of chronic neurological conditions, including Parkinson’s, through scientifically validated mobile applications that allow collection of objective and patient reported data on disease progression.  BBK Worldwide is now a minority investor in Apptomics, with BBK Principal Matthew Stumm serving on the Apptomics Board of Directors.

The two companies will work to develop a collection of apps aimed at monitoring patients with chronic neurological diseases and relaying the information to their doctors.  Apptomics has already had success with the iMotor app through two studies that clearly demonstrated the scientific effectiveness of its data collection.  The app also proved able to distinguish Parkinson’s patients from healthy individuals, and distinguished with high sensitivity the effects of treatment plans.

Congratulations to both companies on their new venture!

 

InvestSoft Technology Acquired by Morningstar 06/13/2016

Posted by Morse Barnes-Brown Pendleton in Client News, Computer Software & Hardware, Deal News, Financial Services.
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InvestSoft Technology Logo (M0921814xB1386)MBBP Client InvestSoft Technology, a provider of innovative software solutions designed to streamline workflow, reduce risk and harness the value of data throughout an organization, was acquired by Morningstar, Inc. (NASDAQ: MORN), a leading provider of independent investment research.

Todd Roitfarb, chief executive officer of InvestSoft, said, “InvestSoft understands the real-time needs of investment firms, and we pride ourselves on the speed and accuracy of our calculations and the seamlessness of our data processing. Now that we are part of Morningstar, we can reach and better serve more investors who need high-quality fixed-income analytics.”

MBBP has served as counsel to InvestSoft since 2009, and advised it in connection with the structuring, negotiation and documentation of this transaction. Jon Gworek was the lead attorney on MBBP’s team, which also included attorneys Howard Zaharoff and Matthew Loecker.

For more information, read the full news release here.

Survey Says: Top NINE Intellectual Property Developments of 2015 03/04/2016

Posted by Morse Barnes-Brown Pendleton in Computer Software & Hardware, Intellectual Property, Licensing & Strategic Alliances, Life Sciences, Privacy and Data Security, Publishing & Media.
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happy-birthdayBy: Callie L. Pioli

2015 was another busy year in terms of intellectual property law, but luckily, MBBP has been carefully monitoring all of the important developments. There were many contenders for spots in our list, but only a select few could make the cut.

Get a recap on 2015 (and prepare for success in 2016) by reading our list.

We cover:

  1. Happy Birthday to All! – Marya v. Warner/Chappell Music, Inc.
  2. Google Books (Authors Guild v. Google, Inc.)
  3. Disparagement versus Free Speech: In re Tam
  4. Issue Preclusion & The TTAB: B&B Hardware, Inc. v. Hargis Indus., Inc.
  5. Patient Infringement Liability: Akamai Techs., Inc. v. Limelight Networks, Inc.
  6. Biosimilarity: Amgen v. Sandoz
  7. ­Patentability of Natural Phenomena: Ariosa Diagnostics, Inc. v. Sequenom, Inc.
  8. Computer Fraud & Abuse Act
  9. Safe Harbor Down, EU-US Privacy Shield Up

 

Is Software Patentable? 03/03/2016

Posted by Morse Barnes-Brown Pendleton in Computer Software & Hardware, Intellectual Property, Legal Developments.
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M0846496By: Brian J. Assessor

On June 19, 2014, the Supreme Court’s decision in Alice Corp. v. CLS Bank International sent shockwaves through many areas of patent law and, as a result of that decision, patent attorneys, inventors, and companies working in the computer and software space are wondering “is software patentable?” and, if so, “what type of software is patentable?”. The impact of this case should be a primary consideration for anyone filing a patent application related to software, even those who were not previously aware of the Alice Corp. decision.

Read the full article.

Learn more about our Patent Team.

Clearing Away Cloud Confusion; MBBP Team to Illuminate Intricacies of Buying and Selling Cloud Services 02/01/2016

Posted by Morse Barnes-Brown Pendleton in Computer Software & Hardware, Corporate, Events, Intellectual Property, Licensing & Strategic Alliances, Privacy and Data Security, Telecommunications & Networking.
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Lawyers for technology companies are increasingly asked to assess the risks of client companies shifting from standard sales and licenses to a cloud model, and lawyers for every company need to assess the pros and cons of receiving core technology as a service over the internet. On Wednesday February 3rd, at a NECCA (New England Corporate Counsel Association, Inc.) seminar  held at the Westin Waltham from 10:00 to noon, MBBP attorneys Howard Zaharoff, John Hession, Mark Tarallo and Faith Kasparian will address the complexities of cloud computing and offer guidance to in-house counsel and other professionals advising their clients on these critical issues.

Among the topics to be covered are understanding the legally relevant features of cloud computing, identifying the key contract issues, recognizing the terms a standard vendor contract should contain, and discovering the implications of  recent developments in data privacy, particularly in the EU, for companies that are purchasing or selling cloud services.

To explore these and many other aspects of this complex and rapidly -evolving subject, reserve your space for this important and edifying NECCA seminar. Lunch will be served at 12:30 p.m.

MBBP Clients Among BBJ’s Honorees – “Best Places to Work of 2015” 05/04/2015

Posted by Morse Barnes-Brown Pendleton in Client News, Computer Software & Hardware, Events, Industries, Internet and E-Commerce, Public Companies.
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2015-04-30_15-23-12On Thursday, April 30th, the Boston Business Journal announced the 80 honorees for its annual Best Places to Work of 2015 program. This year’s employers were divided among five different categories based on company size, and were selected based on survey responses provided by employees. The BBJ will recognize this year’s honorees on June 18th at the Citi Performing Arts Center.

Among the 80 nominees, are several MBBP clients:

Congratulations to all! View the full list of “Best Places to Work of 2015“.

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.

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.

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.

2013 Data Privacy Report 11/24/2014

Posted by Morse Barnes-Brown Pendleton in Attorney News, Computer Software & Hardware.
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In September 2014, the Massachusetts Office of Consumer Affairs and Business Regulation released its 2013 Data Privacy Report, which includes an in-depth analysis of data breaches of personal information of Massachusetts residents during the year of 2013.

The report identifies the type of breaches reported (88% involving electronic records; 12% paper, faxes/mail/e-mail, both paper/electronic) and the industries most affected.  Not surprisingly, the financial services industry reflected the most significant activity and accounted for 85% of the total reported breaches, followed by the health care industry (5%).  As for the industry with the biggest increase in the number of those affected by data breaches, the education industry saw a massive 611% jump from 5,208 Massachusetts residents affected in 2012 to 31,780 in 2013.

The report also underscores the need for businesses to comply with the Massachusetts data security regulations that came into effect in 2010. Among other requirements, the regulations require any person or entity that owns or licenses personal information of Massachusetts residents to develop and implement a Written Information Security Plan (“WISP”).  In addition to further requirements, businesses acting in accordance with a WISP must: (1) designate an individual to maintain and be responsible for the program; (2) identify any reasonably foreseeable data security risks; (3) protect and restrict access to paper and electronic forms of any personal information; and (4) oversee any third party service providers and ensure that those service providers comply with the regulations. More information about the Massachusetts data security regulations can be found in our past client alerts from March 9, 2009March 17, 2009 and February 17, 2012.

When discussing possible liability of a business related to a data breach, the 2013 Data Privacy Report stated that a business’ “WISP and documentation of steps taken to guard and protect the personal information it retains or entrusts to a third party vendor and its response will be paramount in assessing its degree of culpability in the incident.”

In a year that has seen data breaches of several major corporations, this report serves as a reminder for all businesses to take a proactive approach by: (1) promoting a culture of security within their organizations; (2) committing to the protection of personal information by instituting mechanisms to ensure compliance with all applicable privacy and data protection laws, many of which require the implementation of reasonable administrative, technical, and physical safeguards to protect the confidentiality, and prevent the unauthorized interception, of personally identifiable information; and (3) being prepared to address the effects of a data breach in the event that one occurs.

 

For additional information, or to have a WISP prepared, reviewed, or revised to ensure compliance with the Regulations, please contact Faith KasparianMichael Cavaretta, or Howard Zaharoff.

MBBP Client Named to BBJ and MHT 2014 Innovation All-Stars List 10/21/2014

Posted by Morse Barnes-Brown Pendleton in Client News, Computer Software & Hardware, Internet and E-Commerce, MBBP news.
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2014-10-20_13-58-38This month, the Boston Business Journal and Mass High Tech have published the list of 2014 Innovation All-Stars .  This year, two individuals and 15 companies will be honored. Among the companies named is MBBP client erecruit,  which was selected for the category of internet and business software.

Congratulations erecruit!

The full list of the 2014 Innovation All Stars can be read here

MBBP Client Results:Digital Acquired by MARC USA 10/06/2014

Posted by Morse Barnes-Brown Pendleton in Client News, Computer Software & Hardware, Internet and E-Commerce, MBBP news.
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resultsdigMBBP Client Results:Digital, a Boston-based digital media agency, has been acquired by  a national marketing communications company. MARC USA is a  full-service marketing firm known for uncovering radical insights that incite powerful reactions through a deeper understanding of whole-brain behavior.  MARC USA offers many services, including advertising, strategic planning, and public relations. Results:Digital’s expertise lies in developing digital marketing solutions for large-scale B2C and B2B clients. The company focuses on understanding consumer behavior in order to uncover their unique insights, and from there decides how to successfully connect and influence consumers. The combination of the two companies will accelerate the growth of digital media offerings and services to better meet consumer needs.

“This acquisition gives us both expanded expertise in the fast-growing digital space as well as a new regional base in Boston, a city we believe has great potential for our combined agency,” said Tony Bucci, Chairman of MARC USA.

Results: Digital will be renamed  to MARC USA|Results:Digital and will then be fully-integrated within MARC USA’s media capabilities.

Congrats, Results:Digital!

To read the full article 

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