RF EMerge

A Resource for Innovators

Founders of technology-based companies often recognize very early on that their company’s IP and related technology comprise a significant or even central part of the company’s overall value. Determining how to best protect and leverage that IP and tech to grow a business and maximize shareholder returns is therefore something that every founder must do. In developing new technologies, there are a number of options to consider with respect to how to maximize the value…
Centripetal Networks, Inc. (“Centripetal”), one of the fastest growing innovators in the cybersecurity space, leveraged its patent portfolio against Cisco Systems, Inc. (“Cisco”) and was recently awarded  an estimated $2-3 billion in damages by the Eastern District of Virginia following a 22 day video bench trial. This represents one of the largest patent infringement damages awards in U.S. history,[i] indeed dwarfing average patent infringement damage awards 1,000-fold.  [ii] This ruling may not be…
Quick heads up, the World Economic Forum released a Special Report covering what it considers to the the top 10 emerging technologies of 2020 that “have the greatest potential to positively transform society and industry. The technologies listed include: Microneedles for Painless Injections and Tests (tiny needles resulting in fewer trips to medical labs make care more accessible) Sun-Powered Chemistry (visible light that can drive processes that convert carbon dioxide into common materials) Virtual Patients…
As Pfizer and BioNTech announced this week that results of their COVID-19 vaccine have exceeded expectations, the technology behind the vaccine (messenger RNA, or mRNA) has taken center stage. Last month, Moderna Therapeutics, one of the other global leaders in the race to produce a COVID-19 vaccine, made the following statement regarding enforcement of its patents: We feel a special obligation under the current circumstances to use our resources to bring this pandemic to an…
In the fast-paced and dynamic environment of startup and emerging companies, standard operating procedures and compliance matters may often fall by the wayside.   However, it is important for management and employees to understand their obligations for retaining documents, particularly electronic documents.  A detailed and enforced document retention and destruction policy is an important first step in complying with various federal, state, and local laws and regulations. One such federal rule to carefully consider is Fed.…
At this point we have all heard how artificial intelligence (AI) will change the world, and many of us have already integrated AI-based products and services into our lives—from voice recognition devices in our homes to predictive and safety features in our cars.  In its latest report, the United States Patent and Trademark Office (USPTO) used a machine learning AI algorithm to evaluate the volume, nature, and evolution of AI and its component technologies…
On October 22, 2020, Boston-based Atea Pharmaceuticals, Inc. (“Atea”) announced an agreement with Roche for the exclusive rights to research, develop and distribute AT-527 as an oral antiviral treatment for COVID-19 in territories outside of the United States. Under the terms of the agreement, Atea received an upfront payment of $350 million in cash from Roche with the potential for future milestone payments and royalties. AT-527 is an orally administered, direct-acting antiviral agent derived from…
This week, Ryder System, Inc. (NYSE: R), announced a new corporate venture capital fund called RyderVentures. The fund seeks to invest $50 million over the next 5 years involving start-ups that are developing new innovations in the logistics and transportation industries. “The focus is on start-up companies that are tackling disruptions in the supply chain, driven by accelerating demand for e-commerce fulfillment, asset sharing, next-generation vehicles, automation, and data analytics, among others.” See Business Wire
Founders routinely need to disclose their groundbreaking technologies to third party investors, suitors, collaborators, peers, consultants and others in order to grow and establish their business in their respective markets. Savvy executives understand that disclosing or commercializing an invention before a patent application is filed can have detrimental, even fatal, effect on the ability to obtain patent protection. So how do you walk this tightrope of attracting support and growing your business while ensuring your…
Pharmaceutical giant Eli Lilly and Company will purchase four-year-old Disarm Therapeutics, a Cambridge-based biotechnology company, for $135 million up front.  Investors reportedly could receive an additional $1.225 billion depending on the success of Lilly’s development and commercialization efforts relating to the new drugs resulting from the deal. Disarm has reportedly developed certain drug therapies for  axonal degeneration, a common feature of many neurological disorders. The development included the discovery of a protein that causes axonal…