jump to navigation

Good News for Patent Holders 07/22/2016

Posted by Morse, Barnes-Brown Pendleton in Intellectual Property, Legal Developments, New Resources.
Tags: , , , , , , ,
add a comment

LMW Headshot Photo 2015 (M0846622xB1386)By: Lisa Warren

In what has been a seemingly rare occurrence in recent months, the U.S. Court of Appeals for the Federal Circuit recently issued a pro-patentee decision in Immersion Corporation v. HTC Corporation and HTC America, Inc., holding that a continuing application filed on the same day as the parent application issues as a patent satisfies the requirement that the continuing application be filed before the parent is patented.  The decision noted the consistent judicial and agency interpretations of the statutory language at issue (35 U.S.C. 120) as supporting its decision, stating that, “…that history, we think, is so weighty as to be determinative.”  A cheer undoubtedly arose from patent holders, as, according to the decision, over-turning the PTO’s position allowing priority claims for such filings would have affected the priority dates of more than 10,000 patents currently in force.

MBBP Client ConforMIS, Inc. Acknowledged for Patient Satisfaction with Knee Replacements 07/07/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Employment, Life Sciences, Medical Devices.
Tags: , , , , , ,
add a comment

ConforMIS, Inc., a medical technology company that manufactures and sells joint replacement implants, received positive results from its iTotal CR study.  The iTotal CR is a fully customized implant for use in total knee replacement, and the study found that 92% of patients were satisfied with the product in the year after receiving a knee replacement.  conformis-inc-logo

In developing, manufacturing, and selling joint replacement implants, ConforMIS uses its iFit Image-to-Implant technology, which allows for a customized implant specifically designed to fit an individual’s anatomy.  The iTotal CR study included 300 patients in the United States, and is still ongoing.  The interim study results were presented at the 2016 SICOT International Orthopaedic “Specialized Knee Surgery” Conference in Germany, which ran from June 30th to July 2nd.

The positive feedback is consistent with a previous study that showed that patients noted significantly higher satisfaction with the ConforMIS iTotal CR in their knee replacements, than with off-the-shelf implants.  The positive results speak to the benefits of anatomically customized implants, and illustrate how ConforMIS’s products are making a positive and lasting impact in the joint replacement implant market.

To read more about the study and ConforMIS’s technology, read the full article.

Highlights from MBBP Life Sciences Series Panel 2 – Laying the Foundation for Growth: Entity & Equity 07/05/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Corporate, Events, Life Sciences, Venture Capital & Private Equity.
Tags: , , , , , , , , , , ,
add a comment

On Wednesday June 22nd, the offices of Morse, Barnes-Brown & Pendleton were filled with a crowd of people for a life sciences panel discussion on “Laying the Foundation for Growth: Entity & Equity.”  Esteemed panelists included Marc Cote, COO of Accellient; Jeffrey Solomon, Managing Shareholder of Katz Nannis + Solomon; and MBBP’s own John Hession as moderator.

The panel explained to the audience the importance of understanding the different entity options when starting a new business, and JMH Headshot Photo 2015 (M0846571xB1386)provided important tips on how to pick the right fit for the business.  John Hession stated that when choosing an entity it is crucial to consider where you plan on heading with the business and the long-term goals, how long before you generate money, investments, exit strategy, and how long before you will be investing money of your own into the business.

Jeffrey Solomon explained that most investors will insist that your business is a Delaware C-Corp.  He detailed that although LLCs can be beneficial because of their pass through tax benefits, they also have more complexities with tax filings.  However, since C-Corps are able to receive 1202 tax treatment and exclude gains, C-Corps are typically preferred.  The panel also discussed equity strategic considerations, including restricted stock options, with Marc Cote describing the importance of filing an 83(b) within 30 days of executing the agreement.

These were merely a few of the insightful topics discussed at the 2nd Life Sciences Series Panel.  The next panel in September will be equally educational, so keep an eye out for further details, including registration information, on our site.

New Employment Law Alert: Non-Compete Reform 06/28/2016

Posted by Morse, Barnes-Brown Pendleton in Employment, Legal Developments.
Tags: , ,
add a comment

2015-01-05_8-57-41MBBP’s Employment Law Group just released an Employment Law Alert. As legislative efforts for post-employment noncompetition agreement reforms have remained at a standstill for the past eight years, Speaker Robert A. DeLeo has signaled support for a bill entitled, “Massachusetts Noncompetition Act”. If H. 4323 is enacted, employers will have to quickly and carefully revise their employee restrictive agreements to comply with the new law.

Read the full post here.

With Seagate Overturned, More Careful Analysis of Competitor Patents May Be A Good Idea 06/14/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Intellectual Property, New Resources.
Tags: , , , ,
add a comment

Sean D. Detweiler (SDD)By: Sean D. Detweiler

The U.S. Supreme Court has just issued a decision in two unrelated cases[1] that overturns the 2007 Federal Circuit ruling[2], known as “Seagate”. The Supreme Court considers Seagate to be “unduly rigid” and overly limiting as to the potential for enhanced damages in patent infringement cases.

Since 2007, under the now-overturned-Seagate-analysis, a patent infringer could more easily avoid paying treble, or otherwise enhanced damages for their infringing activity, by simply demonstrating that they had not acted in an “objectively reckless” manner regarding their infringing activities. This essentially meant that a patent infringer could escape paying higher damages as long as they could present virtually any form of explanation or reason as to why they did not consider their activity to be infringing. This could even, in some instances, include asserting a defense during the patent infringement trial that they ultimately lost, with nothing else such as a non-infringement opinion or other legal analysis.

Now in 2016, based on this overturned decision, a court can assess enhanced damages under 35 U.S.C. §284, including treble damages, for patent infringement activities at the discretion of the court. This decision eliminates the more rigid test requirements of Seagate, which means courts can now assess enhanced damages more often for less egregious infringing activities.

How does this affect you? The Supreme Court decision did not go so far as to specify whether willful infringement is required for an enhanced damages award (vs. a requirement that the infringement be “egregious”). As such, in a patent infringement case where infringement is found, the court will take into account all evidence and at its discretion decide at the end of a trial whether the patent infringer should be on the hook for enhanced damages or not. Many had interpreted the Seagate ruling of 2007 as reducing the need for non-infringement opinions to be drafted by attorneys as a protection against enhanced damages should infringement be found.

Whether or not you had that view in 2007, it is clear that now with Seagate being overruled you may want to more carefully consider whether you should obtain at least a legal memorandum or analysis, if not a full-fledged legal opinion, from your patent attorney if you are concerned about a competitor patent and whether your product may infringe. If nothing else, it appears that in light of this Supreme Court decision such documents from your attorney will now do more to protect you from enhanced damages, including treble damages, if you are found to infringe another’s patents.

For more information concerning this issue, please contact Sean D. Detweiler.

[1] Halo Electronics, Inc. v. Pulse Electronics, Inc., U.S., No. 14-1513, 6/13/2016; Stryker Corp. v. Zimmer, U.S., No. 14-1520, 6/13/2016

[2] In re Seagate Technology, LLC, 497 F. 3d 1360

MBBP Partner Carl Barnes to be Panelist on MCLE M&A Program 06/10/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Corporate, Events, M&A.
Tags: , , , , , , ,
add a comment

Carl Barnes (CFB)Carl Barnes will be featured as a panelist on the upcoming MCLE program “Representations, Warranties, Indemnification and Termination Provisions: Drafting and negotiating to allocate risk in business transactions”.

For more detail and for information on how to register, visit our M&A Today blog.

MBBP Client Kewill Finalizes Acquisition of LeanLogistics 06/09/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Deal News, M&A.
Tags: , , , , , , ,
add a comment

Firm client Kewill announced that as of June 1, 2016, its acquisition of LeanLogistics is closed.  The acquisition will allow the two companies to better serve their customers’ supply chain logistics needs.

primary_logo

Kewill specializes in enabling its clients to efficiently move their information and goods across the global supply chain through its logistics software.
LeanLogistics’ is a software as a service (SaaS) company with a cloud-based transportation management system. 2016-06-09_11-49-46

Kewill’s acquisition of LeanLogistics creates “the most expansive and largest carrier network feeding into the most sophisticated Transportation Management platform available in North America.”  Congratulations to both companies on the acquisition!

June ELA Published: “Magic” Numbers 06/08/2016

Posted by Morse, Barnes-Brown Pendleton in Employment, New Resources.
Tags: , , , , ,
add a comment

ELA Advisor Banner (M0836835xB1386)MBBP’s Employment Law Group just released its June Employment Law Advisor. It is crucial for businesses to be aware of the ever-increasing array of laws that govern the workplace in order to maintain legal compliance and avoid legal exposure. For growing businesses, it is specifically important to understand how the number of employees dictates when the state and federal jurisdictions apply.

To learn more, check out our Employment Law blog.

Register Now! Laying the Firm Foundation for Growth: Entity & Equity – Life Sciences Series – Panel 2 05/31/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Events, Intellectual Property, Life Sciences, MBBP news.
Tags: , , , , , ,
add a comment

Join us at our Waltham office on June 22nd for the second panel in our Life Sciences Series, Laying the Firm Foundation for Growth: Entity & Equity.  JMH Headshot Photo 2015 (M0846571xB1386)

Our expert panel will discuss whether a corporation or a limited liability company is more suitable for building an emerging company, and how to maximize the equity compensation of your team with restricted stock, stock options, or profits interests.

MBBP Partner John Hession will moderate the panel, which will include Marc Cote, Chief Operating Officer of Accellient, and Jeff Solomon, Partner at Katz Nannis + Solomon.

The event will take place from 7-9:30am.  A light breakfast will be provided. Seating is limited – please register here.

Lisa Warren Speed Mentoring at Northeastern University School of Law 05/20/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Intellectual Property.
Tags: , , , , ,
add a comment

Lisa WarrenMBBP Managing Partner Lisa Warren will partake in Northeastern University School of Law’s Annual Women in the Law conference this afternoon.  Warren will provide career guidance to attendees in 15-minute intervals during the “Speed Mentoring” breakout session, beginning at 1:45pm.

The Women in the Law conference aims at providing professional development and career guidance to women attorneys and professionals.  Session topics include Where Two Trails Converge: Navigating Social MediaPartnering Your Way to the Summit: Public/Private Partnerships, and Expanding Your Personal Public-Private Network to Create Opportunities.  It begins this morning and will take place in the law school.

Howard Zaharoff and Erin Bryan Speaking at 2016 Intellectual Property Law Conference 05/19/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Events, Intellectual Property, Litigation, MBBP news.
Tags: , , , , , ,
add a comment

EEB Headshot Photo 2015 (M0846503xB1386)IP and Technology Licensing Attorney Howard ZaharoffIntellectual Property Law 2016: The 19th Annual New England Conference will take place on June 23rd at the MCLE Conference Center in Boston, MA. This conference will focus on new developments, trends, and industry-specific guidance that IP, business, and litigation counsel must know. MBBP attorneys Howard Zaharoff and Erin Bryan are both on the Faculty, with Howard also serving as a Co-chair. Erin will be presenting at the conference on the topic of IP issues in 3D printing and bioprinting.

The conference will also be available by both live and recorded webcast.

New Overtime Regulations Will Result In Many More Workers Becoming Entitled To Overtime 05/18/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Employment.
Tags: , , , ,
add a comment

2015-01-05_8-57-41We’re reviewing the Department of Labor’s new overtime regulations in our Massachusetts Employment Law Blog.  Click here to read about the DOL’s Final Rule, which President Obama announced the publication of today.

Massachusetts 2016 Tax Amnesty Program Ending Soon – Action May be Required by May 31, 2016 05/16/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Corporate, Litigation, Taxation.
Tags: , , ,
add a comment

Businesses and individuals who owe Massachusetts back taxes may be able to take advantage of the Massachusetts 2016 Tax Amnesty Program.  Eligible participants may benefit by having the accrued penalties and interest on penalties related to their tax liability waived.massachusetts-department-of-revenue-squarelogo

The window for participating ends on May 31, 2016, however.  Go to the Massachusetts Department of Revenue website (here and here) to learn more.

Defend Trade Secrets Act of 2016 Signed 05/11/2016

Posted by Morse, Barnes-Brown Pendleton in Employment, Intellectual Property.
Tags: , , ,
add a comment

By Sandra E. Kahn

SEK Headshot Photo 2015 (M0912965xB1386)Today President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA), which creates a new federal civil cause of action for trade secret theft. While claims for trade secret theft may still be brought under the various state laws which protect intellectual property, this new law will provide uniform protection on the federal level. The DTSA also provides protection for whistleblowers, granting immunity to parties who disclose a trade secret to the government or an attorney to report wrongdoing, or as part of an anti-retaliation lawsuit. Of particular interest is the requirement that employers must now provide a notice of this immunity protection in any contract or agreement with an employee (or an independent contractor or consultant) that governs the use of a trade secret or other confidential information. To learn more about the DTSA, click here.

MBBP Partner Joseph Martinez Participating in MIT Enterprise Forum’s Spring Start Smart Class 05/11/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Corporate, Employment, Events, Financial Services, Intellectual Property, Licensing & Strategic Alliances, MBBP news.
Tags: , , , , , , ,
add a comment

Corporate partner Joseph Martinez will take part in MIT Enterprise Forum’s (MITEF) Spring Start Smart Class, which will run from May 23-June 20.  M0846610He will appear as a Guest Speaker during the third class, which will focus on legal issues for startups.  Specifically, Martinez will discuss the employment, financing, and intellectual property legal issues facing startups.

MITEF’s Spring Start Smart Class is an eight session program focused on providing expertise to entrepreneurs on how to launch a successful new business.  The program is structured as a hands-on workshop, and features guest speakers whose fields of expertise correlate with each class’s specific topic of discussion.

For more information and to register for the course, see the full details here.MITEF-Full-Color-e1438717228333

Startup Coalition Event! Wednesday May 25, 2016 05/06/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Corporate, Events, MBBP news, Venture Capital & Private Equity.
Tags: , , , , ,
add a comment

Join the Startup Coalition at its next event, “Fundraising Environment for Consumer or B2C Startups in 2016”, on Wednesday, May 25th from 6pm to 8pm (EDT).  Startup-Coalition_LogoThe program will be held at WeWork, 745 Atlantic Avenue, Boston, MA 02111.

MBBP’s Michael Cavaretta is a co-founder of the Startup Coalition, and will moderate the panel discussing insights and questions relevant to consumer company entrepreneurs and investors.

Michael J Cavaretta (MJC)Panelists will include both investors and entrepreneurs.

Full event details and registration information can be found here.

New Federal Law Protects Trade Secrets But Also Requires Changes to Employee and Contractor Agreements 05/05/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Employment, Intellectual Property, Licensing & Strategic Alliances, Privacy and Data Security, Public Companies.
Tags: , , , ,
add a comment

By, Sandra E. Kahn SEK Headshot Photo 2015 (M0912965xB1386)

It is expected that President Obama will soon sign into law the Defend Trade Secrets Act of 2016 (DTSA), which creates a new federal civil cause of action for trade secret theft.  While claims for trade secret theft may still be brought under the various state laws which protect intellectual property, this new law will provide uniform protection on the federal level.

The DTSA defines trade secrets consistently with the Uniform Trade Secrets Act (UTSA), and applies broadly to any trade secrets “related to a product or service used in or intended for use in, interstate or foreign commerce.”  Along with the ability to bring a lawsuit to fight trade secret theft and pursue equitable remedies and the award of damages for the misappropriation of a trade secret, the DTSA also includes a provision for expedited relief on an ex parte basis to prevent the dissemination of misappropriated trade secrets, which may be obtained under “extraordinary circumstances.”

The DTSA also provides protection for whistleblowers, granting immunity to  parties who, under certain circumstances, disclose a trade secret to the government or an attorney to report wrongdoing, or as part of an anti-retaliation lawsuit.  Of particular interest to our clients is the requirement that employers must now provide a notice of this immunity protection in any contract or agreement with an employee (or an independent contractor or consultant) that governs the use of a trade secret or other confidential information.    If this notice is not included in all contracts which are signed or revised after the effective date of the act, the employer will not be able to recover exemplary damages and attorneys’ fees under the DTSA (although the employer may still pursue any available damages under other causes of action).  Employers are advised to consult with their counsel to revise all agreements with employees and contractors in order not to run afoul of this requirement.

The DTSA, by itself, may not be used to prevent a departed employee from entering into a new employment relationship with a competitor, and provides that any conditions placed on such employment must be based on “evidence of threatened misappropriation and not merely on the information the person knows,” in effect rejecting the doctrine of inevitable disclosure.

Firm Client PMS Bites to be Featured on Shark Tank! 05/05/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Corporate, Events, MBBP news.
Tags: , , ,
add a comment

MBBP client PMS Bites will appear on ABC’s Shark Tank on May 20, 2016.  PMS Bites are indulgent, yet nutritious, snack balls made to satisfy chocolate cravings during the week women need it most! All bites are gluten free, vegan, and made with all natural ingredients.logo

Tune in on Friday May 20th at 9pm to catch the episode!

TechSandBox Featured in Worcester Business Journal 05/04/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Corporate, Events, MBBP news, Telecommunications & Networking.
Tags: , , , ,
add a comment

The Worcester Business Journal highlighted Firm client TechSandBox in an article discussing the increasing presence of startup incubators.  TechSandBox Logo (M0654842xB1386)Barbara Finer, CEO and founder of TechSandBox, detailed the benefits and necessary components for a successful co-working space.  MBBP’s Howard Zaharoff serves on the Board of Directors for the Hopkinton based innovation center.  Read the full article for more details.

Additionally, MBBP’s relationship with TechSandBox allows our attorneys to serve as experts at TechSandBox events.  Josh French will be a panelist for TechSandBox’s unPanel event, which will be held tomorrow,  Thursday May 5th.

M&A Considerations for Venture-Backed Companies – Register now! 04/27/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Corporate, Events, M&A, MBBP news.
Tags: , , , , ,
add a comment

MBBP to host a panel of experienced deal makers who will provide an insider’s perspective on what it takes to successfully position a venture backed company for sale and get a deal done. These panelists include Brady BohrmannTed Gillick, and Douglas Melsheimer. They all represent unique perspectives of a buyer, seller, and banker and each bring years of experience in venture-backed M&A.

Topics that will be addressed include positioning your company for a successful exit, various stakeholders in an M&A transaction, buyers assessing strategic fit, and best practices to ensure a smooth transaction and done deal.

The event will take place on Thursday, May 19th at 4:00pm at the Cambridge Innovation Center. Seating is limited – Register here.

 

 

Follow

Get every new post delivered to your Inbox.

Join 76 other followers

%d bloggers like this: