|
|

|
U.S. Supreme Court Decides Bilski
June 29, 2010
On June 28, 2010, the United States Supreme Court decided Bilski v. Kappos, (No. 08-964) -- the appeal from the United States Court of Appeals for the Federal Circuit of the case concerning the patentability of business method patents and software. It appears likely that some business method patent claims and a majority of software method patent claims are now patentable subject matter under 35 U.S.C. § 101. See http://www.supremecourt.gov/opinions/09pdf/08-964.pdf.
The Supreme Court held that the “machine-or-transformation” test created by the Federal Circuit in its Bilski decision is not the only test to use for deciding whether or not patent claims for business methods, software, and other types of methods are patentable subject matter under 35 U.S.C. § 101, but affirmed the Federal Circuit’s holding that the business method patent claims of Bernard Bilski were not patentable subject matter under 35 U.S.C. § 101.
The Supreme Court decided the case narrowly, simply rolling back the law of what is patentable subject matter to the days before the Federal Circuit’s Bilski decision. The Court stated that its previous decisions – e.g., the Benson, Flook, and Diehr decisions – are the controlling law. The Court held that Bilski’s method (for hedging risk, not connected to any computing device) was unpatentable as being an abstract idea.
A concurrence written by Justice Stevens, with which three other Justices joined, criticized the majority’s approach, asserting the majority opinion lacked guidance. The concurrence states “abstract” in this context, if not elaborated on, is not a helpful tool for analysis.
Under the Supreme Court’s holding, the “machine-or-transformation” test is not dead: the majority called it a “useful and important clue”. The Supreme Court seems to be inviting the Federal Circuit to further refine the current law, stating “we by no means foreclose the Federal circuit’s development of other limiting criteria that further the purposes of the Patent Act …” (slip opinion at 16). We expect that further court opinions at the level of district courts and the Court of Appeals for the Federal Circuit will attempt to clarify the various aspects of the standard.
Pearl Cohen Zedek Latzer will of course integrate the Supreme Court’s opinion into our practice, and we welcome general questions regarding this decision, or specific questions regarding how this decision may affect matters we are handling for you.
|
|
|
 |
 |
|
High Tech as Distressed Assets – Seminar June 17th
May 27, 2010
http://www.pczlaw.com/media/upload/Seminar_invitation1.jpg
|
|
|
 |
 |
|
Todd Braverman joins PCZL as Partner
April 27, 2010
We are pleased to announce that Todd Braverman has joined our firm, effective April 19, 2010. Mr. Braverman will head PCZL’s US trademark practice. Prior to joining PCZL, Mr. Braverman led the trademark prosecution group at Bryan Cave. He previously held positions as in-house trademark and intellectual property counsel at NEC USA and as a trademark examiner with the US Patent and Trademark Office. Mr. Braverman counsels clients on adoption, use and global trademark prosecution and litigation strategies in the publishing, computer, video game, general merchandise, apparel and cosmetic industries. As a former U.S. trademark examining attorney, Mr. Braverman’s specialty is trademark prosecution before the U.S. Trademark Office. In connection with trademark prosecution, he has conducted clearance searches and filed applications for more than 4000 trademarks.
|
|
|
 |
 |
|
PCZL Successfully Defends Yehuda Diamond Company from $60 Million False Advertising Claim
November 12, 2009
PCZL Successfully Defends Yehuda Diamond Company from $60 Million False Advertising Claim
Download File: PCZLYehuda Diamond PR.pdf (190 kb)
|
|
|
 |
 |
|
Mark Cohen lectures at the Patent Opinion Writing Boot Camp
July 22, 2009
Mark S. Cohen, Senior Partner, Chair of Life Science Group, will be lecturing in the Patent Opinion Writing Boot Camp - Essential Basic Training for Practical and Tactical Opinion Writing for the Pharmaceutical and Biotechnology Industries which will be held in October 28-29, 2009 - The Union League - Philadelphia, PA
|
|
|
 |
 |
|
Hadar Solomon joins PCZL as Partner
April 1, 2009
We are pleased to announce that Hadar Solomon has joined the firm as a partner. Hadar has over 20 years experience as in-house counsel and executive management member of public technology-based companies in industries including medical devices, software and telecommunications. Hadar’s previous experience also includes serving as general manager of a Swiss IP asset-management firm. He holds a B.A. from the Hebrew University in Jerusalem and is a member of the Israel Bar Association. During his tenure as general counsel and corporate secretary of international hi-tech companies, Hadar has provided legal opinions and advice to management and boards of directors on numerous intellectual property licensing and litigation matters. In particular, Hadar accumulated extensive experience in carrying out complex, large-scale project agreements, large and small strategic M&A transactions, public companies’ SEC and regulatory related work, licensing, OEM manufacturing, joint ventures, sales representation & distribution agreements, R&D agreements, supply and leasing agreements, and has managed large IP portfolios worldwide.
|
|
|
 |
 |
|
Merger of Pearl Cohen Zedek Latzer and Reches Patents
February 1, 2009
We are pleased to announce the merger of Pearl Cohen Zedek Latzer and the law firm of Reches Patents. This merger represents a pooling of the expertise of our law firms, in an effort to expand the services that are offered to clients of both firms. Practicing for over a decade, Reches Patents specializes in intellectual property in the areas of high technology, medical devices, physics and Internet, and provides services in patents prosecution, in trade secrets, and the like. Heading the Reches group is Oren Reches, an Israeli attorney, an Israeli patent attorney and a United States patent agent. Oren specializes in intellectual property prosecution for more than a decade both in the Reches Patent firm and as an in-house attorney for leading technology companies, and has extensive technical experience as an electrical engineer, of which he has a Bachelor of Science degree from the Technion institute. He is the author of the book "Trade Secrets and Restraint of Trade". “We are looking forward for the merger”, says Oren Reches, the senior patent attorney of the Reches group, “and we are assured that clients of both firms will profit from the merger and from the expanded services offered by professionals in diverse fields of expertise, such as commercial law, Internet law, Patent prosecution and litigation, etc. The merged firm resides in PCZL offices in 5 Shenkar st., Herzelia.
|
|
|
 |
 |
|
Pearl Cohen Zedek Latzer Hosts a Wine Tasting Reception at AIPPI 41st Boston
August 31, 2008
On Sunday September 7th PCZL will host delegation members and guests at the JFK Presidential Library in Boston. The firm celebrates 10 years of our US Practice and 80 years of our Israeli Practice. Please see the invitation for more details. If you are interested in attending the reception please contact Kimberly Lindy for more information.
|
|
|
 |
 |
|
Doug Gilbert joins PCZL as Partner.
We are pleased to announce that Douglas J. Gilbert has joined the firm as a Partner
Doug specializes in intellectual property litigation bringing over 25 years of experience litigating patent matters for chemical, pharmaceutical, consumer product, medical device and computer industry clients. Doug also has experience at the United States International Trade Commission and with interferences in the United States Patent and Trademark Office.
Prior to joining PCZL, Doug was a partner at Fish & Neave and Ropes & Gray. Doug received Bachelor of Science degrees in chemical engineering and political science from the Massachusetts Institute of Technology and graduated from the New York University School of Law.
A member of the State Bar of New York, Doug is also admitted to practice in the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Appeals for the Ninth Circuit, several U.S. federal district courts, and the U.S. Patent and Trademark Office.
Doug was selected for inclusion in Euromoney's Guide To The World's Leading Patent Law Experts. He is a former chairman of the Subcommittee on Litigation Practice and Procedure of the New York Intellectual Property Law Association and a recent member of the ITC committee of the Intellectual Property Owners Association.
|
|
|
 |
 |
|
Merger of Pearl Cohen Zedek Latzer and Miller Sieradzki & Co
December 12, 2007
We are pleased to announce the merger of Pearl Cohen Zedek Latzer and the Haifa-based law firm Miller Sieradzki & Co.
Now celebrating its 10th anniversary, Miller Sieradzki & Co. specializes in intellectual property, real estate law, and litigation. The Haifa firm includes 6 attorneys and patent attorneys, and will remain in its offices.
The integrated firm will number approximately 60 attorneys and patent attorneys in Israel and New York.
Zeev Pearl, managing partner of PCZL, remarked that with this merger, the firm further expands its practice, for the first time, into real estate, including real estate development, planning, and taxation law, the main areas of practice of Yossi Miller.
In recent years, PCZL and Miller Sieradzki have maintained a close working relationship in patent matters. “After several years of close cooperation, we are very naturally easing into the merger and expect a true synergy,” says Doron Sieradzki, the Haifa firm’s senior patent attorney. “Our clients will benefit from the expanded services offered in commercial law, employment law, Internet law, etc., whereas PCZL clients will benefit from a wider array of expertise in patents, and an outstanding professional legal service in an additional field.”
PCZL is one of the leading law firms in Israel in intellectual property, commercial law, labor law, Internet and related litigation in these fields. The intellectual property law includes groups specializing in patents (biotech, high-technology, software, medical instruments, electronics, industrial machinery, etc.), designs, and trademarks. The firm’s Israeli and New York offices represent clients under both Israeli and U.S. law, and support their activities worldwide. The firm’s clients include leading multinational corporations (Fortune 500 companies), publicly held Israeli and U.S. companies, prominent start-up companies, as well as venture capital firms invested in technology companies.
Miller Sieradzki was founded in 1997 by Yossi Miller and Doron Sieradzki. The firm employs attorneys, patent attorneys and professional staff, practicing patent law, trademark, and designs, under Doron Sieradzki's direction. Another main practice area of the firm is real estate law (both transactional and adversarial), including planning law, appropriation, taxation, property law, and general commercial law, all under the direction of Yossi Miller.
The Miller Sieradzki team will continue its activities in the Haifa office, with Doron Sieradzki as the head of the patent group, and Yossi Miller as head of the merged firm's real estate activity.
|
|
|
 |
 |
|
Kobi Meir has joined the firm
August 29, 2007
Pearl Cohen Zedek Latzer is pleased to announce that Kobi Meir has joined the firm as special counsel resident in the firm’s Herzlia office. Adv. Meir specializes in litigation, focusing on complex commercial and intellectual property litigation matters and administrative law. Adv. Meir has represented leading Israeli telecommunication companies, such as the Israeli cable companies and several leading radio stations, particularly in intellectual property disputes. Adv. Meir also provides his clients with legal counseling in matters of legislation and regulation, including representing such clients in tribunals and committees of Parliament. He also represents numerous leading internet portals, including news websites, virtual communities, and forums portals, as well as Web 2.0 and other user-generated content portals. Prior to joining PCZL, Adv. Meir was a partner at Fischer Behar Chen & Co., where he handled complex commercial and intellectual property litigation matters. Adv. Meir began his career as an associate at Herzog, Fox, Neeman & Co., where he worked closely with Dr. Yaacov Neeman, Israel's former minister of justice and former minister of finance. Mr. Meir received his LLB in 1998 from the Tel Aviv University and was admitted to the Israeli Bar association on 1999.
|
|
|
 |
 |
|
We are pleased to announce that Dan Or-Hof has been accredited a CIPP Certification
August 21, 2007
Dan Or-Hof, Senior Counsel at the Internet, IT & Copyright group of Pearl Cohen Zedek Latzer has been accredited a Certified Information Privacy Professional (CIPP), as of June 29, after successfully passing the necessary exams of the International Association for Privacy Professionals (IAPP).
The IAPP is the world's largest association of privacy professionals. The organization represents over 3,000 members from businesses, governments and academia across 23 countries and was established to define, promote and improve the privacy profession globally. The IAPP is responsible for developing and launching the first broad-based credentialing program in information privacy, the Certified Information Privacy Professional (CIPP). The CIPP remains the leading certification for privacy professionals today.
Dan has been dealing with privacy & data protection legal aspects for many years now. Through the knowledge and credentials he acquired now, Pearl Cohen Zedek Latzer aims to provide a whole range of new services to our clients, in the fields of information privacy and data protection, including conducting relevant audits and risk assessments, forming internal and external policies, advising on issues such as data breach notification requirements and trans-border data flow and much more.
|
|
|
 |
 |
|
Pearl Cohen Zedek Latzer along with Lahive & Cockfield is representing the plaintiff Genoa Color Technologies in a patent litigation against Samsung and Mitsubishi
August 13, 2007
Pearl Cohen Zedek Latzer along with Lahive & Cockfield is representing the plaintiff Genoa Color Technologies in this patent litigation against Samsung and Mitsubishi. Lee Goldberg, co-chair of our U.S. litigation group, located in our New York office is leading our team.
|
|
|
 |
 |
|
PCZL represented Bioness, Inc.
Jun 21, 2007
PCZL represented Bioness, Inc., of Santa Clarita, California, in the merger by way of stock swap of Bioness and NESS Neuromuscular Electrical Stimulation Systems Ltd., an Israeli company. The deal included a cash buy out of NESS securities valued at $28 million, putting the value of the acquired company at $75 million. Both NESS and Bioness are active in the development and sale of medical devices used by patients with muscular or nuero-muscualr disorders. Bioness is majority owned by Alfred Mann, a long time innovator of medical devices and a serial entrepreneur. Jody Stein led the transaction for PCZL with extensive assistance of Kalia Klein of the PCZL Labor Group. PCZL worked closely with Bioness’ US counsel, Kaye Scholer of New York and Los Angeles.
|
|
|
 |
 |
|
We are pleased to announce that our firm is merging with the Ravia & Co. Law Firm.
March 1, 2007
We are pleased to announce that our firm is merging with the Ravia & Co. Law Firm. We are very excited by this merger, and we expect it will enable our enlarged firm to provide an even broader range of legal services to our technology-oriented clients, particularly in the fields of Internet, computer law, digital copyright, open source, telecommunications regulation, digital signatures, data protection and privacy rights. The merged firm will list over 60 attorneys and patent attorneys.
About Ravia & Co.
Ravia & Co. specializes in computer and Internet law, including digital copyright, electronic transactions and signatures, telecommunications regulation, data protection and privacy rights, including counseling, transaction law and litigation. The firm, which was founded in 1993 by Adv. Haim Ravia, became the first Israeli law firm to deal exclusively with Internet and computer law. In March 1996 the firm launched the first legal website in Israel at www.law.co.il. The firm’s website lists thousands of pages and includes legal links, updates on legal matters, and articles in the firm’s areas of expertise.
About Pearl Cohen Zedek Latzer
Pearl Cohen Zedek Later, attorneys at law and patent attorneys, is a leader amongst Israel’s technology law firms. The firm specializes in all aspects of intellectual property, as well as corporate and finance legal activities, employment and litigation. PCZL is the only Israeli law firm (of any specialty) having integrated offices in both in Israel and New York, serving Israeli, U.S. and international clientele. The firm provides legal services to a variety of companies, particularly to innovation driven companies, including start-up companies, Israeli and U.S. public companies, multinational companies (Fortune 500) and leading research universities in Israel and the US.
About half of the firm’s 16 partners are based in Israel and the other half are located in the New York office. In addition, the firm’s professionals include about 20 associate attorneys and 20 patent attorneys and technical advisors, most of whom hold PhD's from leading US and Israel universities in a variety of technical fields such as, biology, chemistry, biotechnology, chemical engineering, electrical engineering, electronics, mechanics and software engineering.
|
|
|
 |
 |
|
Morey B. Wildes has joined the firm
February 11, 2007
Pearl Cohen Zedek Latzer is pleased to announce that Morey B. Wildes has joined the firm and will be resident in the firm’s New York office. Mr. Wildes received a Bachelor of Arts in physics cum laude in 1985 from Yeshiva University, a Masters of Science in Engineering Mechanics in 1987 from the Columbia University School of Engineering and Applied Science, and a Juris Doctor degree in 1990 from the Columbia University School of Law. Prior to joining PCZL, Mr. Wildes was an associate at Fish & Neave and at Cowan, Liebowitz & Latman, P.C. and a partner at Davidson, Davidson & Kappel, LLC. Mr. Wildes specializes in U.S. and foreign patent prosecution over a variety of technologies, including medical devices, computer software and Internet business solutions, digital signatures and cryptography systems, and in rendering opinions and counseling on the scope, validity and infringement of patents. Mr. Wildes also has experience in the licensing and litigation of patents and trade secrets, as well as in the registration and litigation of trademarks and service marks.
|
|
|
 |
 |
|
New Partners announcement
January 17, 2007
We are pleased to announce that Francine Alfandary, Robert Schaffer and Oded Kadosh have become partners in the firm.
Francine Alfandary practices corporate and commercial law, with a focus on mergers and acquisitions, financing, and commercial and licensing agreements. Her clients include U.S., Israeli, French and Belgian clients in the software, medical device, food and beverage and clothing industries. Francine is based in our New York office
Rob Schaffer has written and prosecuted several hundred patent applications before the United States Patent and Trademark Office (PTO), including applications in optics, encryption, turbines, financial products, surgical devices, software and textile machines. He has experience in a wide range of litigation matters including x-ray scanning and imaging technology and aerodynamics. He has argued summary judgments and Markman hearings. Rob is based in our New York office
Oded Kadosh practices corporate finance and commercial law, with a focus on financing transactions, mergers and acquisitions and commercial agreements. His clients include Israeli and foreign venture capital investors, high-tech companies, hedge funds, and investments companies in various fields. Oded is based in our Herzlia, Israel office
|
|
|
 |
 |
|
We are pleased to announce that Xerox Corporation completed the acquisition of our client, XMPie Inc.
November 15, 2006
We are pleased to announce that Xerox Corporation completed the acquisition of our client, XMPie Inc., on November 9, 2006 for $54 million. This move further strengthens the growing trend of personalized communications and cross-media marketing campaigns involving digital printing, e-mail and customized Web sites. Pearl Cohen Zedek Latzer LLP represented XMPie as US co-counsel and Israeli counsel.
Zeev Pearl, managing partner of the firm, and other PCZL attorneys have represented XMPie Inc. and its Israeli subsidiary, XMPie (Israel) Ltd., since its formation in 2000.
In the Xerox transaction, Francine Alfandary, chair of our US commercial group, headed up the firm’s US corporate team, assisted by associates Danielle Gordon and Aditi Joshi. Kalia Klein, chair of our employment and benefits group, acted as Israeli counsel, assisted by Inbal Perlstein. Partners Hili Blum and Guy Yonay covered various aspects of intellectual property including open source licensing and patent matters.
The Xerox - XMPie transaction exemplifies PCZL’s cross border capabilities and its ability to act for US companies active in Israel and Israeli companies operating in the US.
|
|
|
 |
 |
|
We are pleased to announce that on November 1, 2006, Lee Goldberg will be joining Pearl Cohen Zedek Latzer as a partner in the patent litigation department.
October 8, 2006
We are pleased to announce that on November 1, 2006, Lee Goldberg will be joining Pearl Cohen Zedek Latzer as a partner in the patent litigation department.
Lee has over 16 years of experience in patent litigation and counseling clients. He has served as trial counsel in patent litigations in a variety of technical areas including pharmaceuticals (e.g., Hatch--Waxman litigation), medical and mechanical devices, digital loggers, computer software and pan and tilt security cameras. Lee's experience is comprised of jury and non-jury cases.
Prior to joining the firm, Lee was a Principal with the law firm of Darby & Darby and associated with the firm of Fitzpatrick, Cella, Harper and Scinto. Lee began his career at the patent litigation firm of Hopgood, Califmafde, Kalil, Blaustein & Judlowe.
Representative reported cases include:
Ethicon Endo-Surgery v. United States Surgical Corp., 900 F. Supp. 172 (D.Ohio 1995), appeal docketed, 149 F. 3d 1309 (Fed. Cir.1998);
Mead Johnson & Company and Bristol-Myers Squibb Company v. Barr Labs., 1999 WL 118122 (S.D.N.Y.);
Novo Nordisk et al. v. Becton Dickinson & Co., 96 F. Supp. 2d 309 (S.D.N.Y. 2000), aff'd, 304 F. 3d 1216 (Fed. Cir. 2002); and
Bristol-Myers Squibb Co. v. Rhone-Poulenc Rorer, Inc., 201 U.S. Dist. LEXIS 16895 (S.D.N.Y., Oct. 18, 2001, aff'd, 326 F. 3d 1226 (Fed. Cir. 2003).
Lee is a member of the bars of the states of New York, New Jersey and the District of Columbia. He is also admitted to practice before the Court Of Appeals for the Federal Circuit (where he recently argued), the Federal District Courts for the Eastern, Southern and Western Districts of New York and the District of New Jersey. Lee is also registered to practice before the U.S. Patent and Trademark Office.
|
|
|
 |
 |
|
PCZL expands New York commercial practice
May 8, 2006 Pearl Cohen Zedek Latzer is pleased to announce that Francine Alfandary, a corporate and commercial lawyer, has joined the firm as senior counsel and will be resident in the firm’s New York office. Ms. Alfandary will focus her practice on corporate restructuring, mergers and acquisitions, and licensing and other commercial transactions. Ms. Alfandary was previously a local partner in the New York office of CSM Bureau Francis Lefebvre, a leading French law firm, and is an alumna of Debevoise & Plimpton and Coudert Brothers. Ms. Alfandary graudated cum laude from Harvard Law School, and earned a B.A. from U.C. Berkeley Ms. Alfandary was admitted to practice in California in 1989 and in New York in 1991. Ms. Alfandary is fully bilingual in French and English, and is fluent in Spanish.
|
|
|
 |
 |
|
Alteon and HaptoGuard Announce Merger Agreement; Mark S. Cohen of Pearl Cohen Zedek Latzer, LLP represents HaptoGuard, Inc. in patent and licensing matters.
April 20, 2006 Alteon and HaptoGuard Announce Merger Agreement; Alteon Signs Agreements for Sale of Approximately $2.6 Million in Common Stock PIPE Transaction. Genentech Converts Portion of Alteon Preferred Stock Transfers Portion of Preferred Stock to HaptoGuard and Cancels Remaining Preferred Stock, Acquires Right of First Negotiation for HaptoGuard Cardiovascular Compound and Future Royalties on Alteon's Alagebrium.
Mark S. Cohen of Pearl Cohen Zedek Latzer, LLP represents HaptoGuard, Inc. in patent and licensing matters.
PARSIPPANY, N.J., April 19 /PRNewswire-FirstCall/ -- Alteon Inc. (Amex: ALT - News) and HaptoGuard, Inc., a privately-held biotechnology company, announced today the signing of a definitive merger agreement whereby the two companies will combine operations in a stock transaction valued at $8.8 million. The companies have complementary product platforms in cardiovascular diseases, diabetes and other inflammatory diseases, including two Phase 2 clinical-stage compounds focused on cardiovascular diseases in diabetic patients. In addition, Alteon has signed definitive agreements for an equity financing, which will result in proceeds to Alteon of approximately $2.6 million. The new financing will be used to help fund future clinical development efforts of the combined companies. The merger of the two companies is structured as an acquisition by Alteon. Under the terms of the merger agreement, HaptoGuard shareholders will receive approximately 37.4 million shares of ALT common stock (approximately 31 percent of total shares after completion of the merger.) As part of the merger, a portion of existing shares of Alteon preferred stock held by Genentech, Inc. (NYSE: DNA - News) will be converted into common stock, among other transactions. The merger and stock conversion transactions are subject to the approval of Alteon and HaptoGuard shareholders and are expected to close in the third quarter of 2006.
The PIPE financing includes new and existing institutional investors, in which Alteon will sell approximately 10.3 million Units, consisting of common stock and warrants, for net proceeds after expenses and fees of approximately $2.5 million. Each Unit consists of one share of Alteon common stock and one warrant to purchase one share of Alteon common stock. The Units are being sold at a price of $0.25 per Unit and the warrants are exercisable, commencing 6 months from the date of issuance, for a period of 5 years at an exercise price of $0.30 per share. The shares of common stock and warrants to be offered and sold in the financing have not been registered under the Securities Act of 1933, as amended (the "Securities Act"), or state securities laws, and may not be offered or sold in the United States without registration under or exemption from the Securities Act, or any applicable securities laws. The Company has agreed to file a registration statement with the SEC for the resale of the shares of common stock and the shares of common stock underlying the warrants sold in the PIPE transaction. Rodman & Renshaw, LLC served as placement agent in this transaction.
The newly combined company will have two products in Phase 2 clinical development:
* BXT-51072, HaptoGuard's licensed lead compound, is a glutathione peroxidase mimetic in development for reduction of mortality in post-myocardial infarction patients with diabetes. The compound has demonstrated the ability to reduce infarct size by approximately 85 percent in a mouse model of heart attack called ischemia reperfusion injury. Additionally, HaptoGuard owns a license to a proprietary genetic biomarker that has shown the potential to identify patients who are most responsive to the HaptoGuard compound.
* Alagebrium chloride (formally ALT-711), Alteon's lead compound, is an Advanced Glycation End-product Crosslink Breaker being developed for heart failure. Recent data, presented from two Phase 2 clinical studies at the American Heart Association meeting in November 2005, demonstrated the ability of alagebrium to improve overall cardiac function, including measures of diastolic and endothelial function. In these studies, alagebrium also demonstrated the ability to significantly reduce left ventricular mass. The compound has been tested in approximately 1000 patients, which represents a sizeable human safety database, in a number of Phase 2 clinical trials. Key components of the proposed transactions between Alteon, HaptoGuard and stockholder Genentech are as follows:
* Alteon will acquire all outstanding equity of HaptoGuard. In exchange, HaptoGuard shareholders will receive from Alteon $5.3 million in Alteon common stock, or approximately 22.5 million shares.
* Genentech will convert a portion of its existing preferred Alteon stock to Alteon common stock. A portion of Genentech's preferred stock, which when converted to common stock equals approximately $3.5 million in Alteon common stock, will be transferred to HaptoGuard shareholders.
* The remaining Alteon preferred stock held by Genentech will be cancelled.
* Genentech will receive milestone payments and royalties on net sales of alagebrium, as well as a right of first negotiation on BXT-51072.
"We believe that this transaction will truly benefit the shareholders of Alteon by bringing to the Company a promising clinical-stage product, additional proprietary technologies as well as additional management and Board expertise," said Kenneth I. Moch, Chairman and CEO of Alteon.
"By combining our operations we will become a new company with a promising product pipeline focused on cardiovascular disease and diabetes," said Noah Berkowitz, M.D., Ph.D., President and CEO of HaptoGuard. "We look forward to potentially initiating new Phase 2 clinical trials for both alagebrium and BXT-51072."
Upon shareholder approval, Alteon's new management team will be as follows:
* Kenneth I. Moch, Chairman - Currently Chairman, President & CEO of Alteon
* Noah Berkowitz, M.D., Ph.D., President & CEO - Currently President & CEO of HaptoGuard
* Malcolm MacNab, M.D., Ph.D., Vice President of Clinical Development -Currently Chief Medical Officer of HaptoGuard
* Mary T. Phelan, Director of Finance and Financial Reporting - Currently Director of Finance and Financial Reporting of Alteon
Additionally, the Board of Directors of the combined company will be composed of four current members of the Alteon Board of Directors and three current members of the HaptoGuard Board:
* Kenneth I. Moch, Chairman - Director of Alteon since December 1998
* Noah Berkowitz, M.D., Ph.D. - Director of HaptoGuard since November 2003
* Marilyn G. Breslow - Director of Alteon since June 1988
* Thomas A. Moore - Director of Alteon since October 2001
* George M. Naimark - Director of Alteon since June 1999
* Mary Tanner - Director of HaptoGuard since January 2004
* Wayne P. Yetter - Director of HaptoGuard since August 2004
(For additional information on the management team and Board of Directors, please refer to the press release section of the Alteon website, http://www.alteon.com)
Assuming completion of the merger, there will be approximately 119.2 million outstanding shares of Alteon common stock.
A conference call will be held today at 5:00 p.m. ET to discuss this definitive merger agreement. The dial-in telephone number for the conference call will be 1-877-704-5381. International participants may call +913-312-1295. Participants should call approximately 5-10 minutes before 5:00 p.m. In addition, the conference call will be accessible through a webcast on the company website, http://www.alteon.com in the Investor Relations section, and a digital rebroadcast will be available through April 26, 2006 at 11:59 p.m. by dialing 1-888-203-1112, pass code 4603660 for domestic callers and +719-457-0820, pass code 4603660 for international callers.
About Alteon
Alteon is a product-based biopharmaceutical company engaged in the development of small molecule drugs to treat and prevent the inflammatory aspects of cardiovascular disease and diabetes. The Company has identified several promising product candidates that it believes represent novel approaches to some of the largest pharmaceutical markets.
The Company's lead drug candidate, alagebrium chloride or alagebrium (formerly ALT-711), is a product of its drug discovery and development program. Alagebrium has demonstrated potential efficacy in two clinical trials in heart failure, as well as in animal models of heart failure and nephropathy, among others. It has been tested in approximately 1,000 patients in a number of Phase 1 and Phase 2 clinical trials. The Company's goal is to develop alagebrium in diastolic heart failure. This disease represents a rapidly growing market of unmet medical need, particularly common among diabetic patients, and alagebrium has demonstrated relevant clinical activity in two Phase 2 clinical trials. For more detailed information about alagebrium, please visit the scientific publications section of the Alteon website, http://www.alteon.com.
About HaptoGuard
HaptoGuard, Inc. is a biopharmaceutical company developing and commercializing therapeutics for inflammatory diseases, particularly those that are present as a consequence of elevated oxidized lipids in the blood. The Company's portfolio includes orally bioavailable, organoselenium mimics of glutathione peroxidase that metabolize lipid peroxides. Its lead compound BXT-51072 is in Phase 2 clinical trials. The Company also controls rights to a diagnostic assay that identifies the large subset of diabetic patients at highest risk for cardiovascular complications, because of a defect in oxidized lipid metabolism that results in increased cardiovascular inflammation.
This news release shall not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of these securities in any state in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any state.
Any statements contained in this press release that relate to future plans, events or performance are forward-looking statements that involve risks and uncertainties including, but not limited to, that Alteon may not complete the acquisition of HaptoGuard, and if completed, that the combined company's financial condition may not be as expected, and those relating to Alteon's ability to obtain sufficient financing to allow it to continue as a going concern and to continue the development of alagebrium, technology and product development (including the possibility that early clinical trial results may not be predictive of results that will be obtained in large-scale testing or that any clinical trials will not demonstrate sufficient safety and efficacy to obtain requisite approvals or will not result in marketable products), regulatory approval processes, intellectual property rights and litigation, competitive products, and other risks identified in Alteon's filings with the Securities and Exchange Commission. Further information on risks faced by Alteon are detailed under the caption "Risk Factors" in Alteon's Annual Report on Form 10-K for the year ended December 31, 2005 and in subsequent filings with the SEC. These filings are available on a website maintained by the Securities and Exchange Commission at http://www.sec.gov. The information contained in this press release is accurate as of the date indicated. Actual results, events or performance may differ materially. Alteon undertakes no obligation to publicly release the result of any revision to these forward- looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.
Participants in the Solicitation
In connection with the proposed merger, Alteon Inc. and HaptoGuard, Inc. will be filing a joint proxy statement with the Securities and Exchange Commission. Investors and security holders of Alteon Inc. and HaptoGuard, Inc. are advised to read the joint proxy statement regarding the proposed merger referred to in this communication when it becomes available because it will contain important information. Alteon Inc. and HaptoGuard, Inc. expect to mail the joint proxy statement about the proposed merger to their respective stockholders. In addition to the proxy statement, Alteon Inc. files annual, quarterly, and special reports, proxy statements and other information with the Securities and Exchange Commission. Investors and security holders may obtain a free copy of the proxy statement and any other documents filed by Alteon Inc. at http://www.sec.gov and directly from Alteon Inc.
Alteon Inc. and its officers and directors may be deemed to be participants in the solicitation of proxies from stockholders of Alteon Inc. with respect to the proposed merger. Information regarding such officers and directors is included in Alteon Inc.'s Annual Report on Form 10-K for the fiscal year ended December 31, 2005 and in its proxy statement for the 2006 annual meeting, which will be filed with the Securities and Exchange Commission. Once filed, these documents are available free of charge at the Securities and Exchange Commission's website at http://www.sec.gov and directly from Alteon Inc.
HaptoGuard, Inc. and its officers and directors may be deemed to be participants in the solicitation of proxies from stockholders of HaptoGuard, Inc. HaptoGuard, Inc. is a private company and does not file annual or quarterly reports with the SEC.
|
|
|
 |
 |
Robert Schaffer joins PCZL as counsel in New York office
February 5, 2006 Pearl Cohen Zedek Latzer is proud to announce that Rob Schaffer has joined the firm as counsel in the Intellectual Property practice group. Mr. Schaffer has written and prosecuted several hundred patent applications before the United States Patent and Trademark Office (PTO), including applications in optics, encryption, turbines, financial products, surgical devices, software and textile machines. He also has experience in a wide range of litigation matters and has argued summary judgments and Markman hearings. Mr. Schaffer earned a BS in Engineering from Cornell University and a JD cum laude from New York Law School. He has served as a lecturer for PLI’s Patent Bar Review Course, and currently serves as a lecturer for PLI’s Fundamentals of Patent Prosecution Course, and as a visiting lecturer at the College of Engineering, University of Illinois. Prior to becoming an attorney, Mr. Schaffer worked for twelve years as a consultant engineer, primarily in mechanical equipment and hydraulic analysis. Mr. Schaffer is a member of the bar in Connecticut, New York, and Washington D.C., and a member of the American Intellectual Property Law Association. Mr. Schaffer is admitted to practice in the Courts of New York State (1989), the United States District Court for the Southern District of New York (1989) the Court of Appeals for the Federal District (1989), and before the US Patent and Trademark Office~.
|
|
|
 |
 |
|
PCZL successfully defended TKT against a lawsuit filed by Genzyme regarding Clinical Trials in Israel.
January 5, 2006 Israeli Court Rules that Clinical Trials Do Not Constitute Patent Infringement In a recent decision, the Tel Aviv District Court has defined the scope of the “safe harbor” provisions under Israel Patent Law. Judge Magen Altuvia ruled that the “safe harbor” sections should be read broadly to cover clinical trials reflecting the legislature’s intention to encourage the development of both innovative and generic drugs . On January 5, 2006, the District Court of Tel-Aviv, dismissed a lawsuit filed by Genzyme Corporation Inc. against Transkaryotic Therapies Inc.(TKT), a subsidiary of Shire plc. The complaint alleged that TKT’s clinical trials in Israel for a new treatment for the Gaucher Disease infringe Genzyme’s patent directed to a process for the production of a recombinant enzyme used (after its modification), for the treatment of Gaucher Disease. . In its ruling, the Court determined as a matter of law that the clinical trials conducted by TKT in Israel do not constitute patent infringement. TKT has developed an innovative treatment for Gaucher disease, and conducted Phase I/II clinical trials in Israel under the supervision of Prof. Ari Zimran from the Sha’arei Zedek Medical Institute in Jerusalem. The dispute between the parties centered around the interpretation of sections 1(2)(2) and 54a of the Israeli Patent Law which form the basis for “safe harbor” in Israel. Section 1(2)(2) allows experimental use of an invention, by another, in order to improve the invention or develop another invention. Section 54a allows experimental use of a patented product or process in order to obtain regulatory license to market the product following the expiration date of the patent. In the lawsuit, Genzyme argued for a narrow interpretation of these sections, protecting only experimental use in development of generic drugs, and not innovative drugs. Genzyme further argued that TKT planned to launch its drug before the expiration of Genzyme’s patent, and therefore, that these sections do not apply to TKT’s clinical trials. TKT, being represented by Zeev Pearl, Daniel Bustanai and Irit Gordon of Pearl Cohen Zedek Latzer, argued that its clinical trials should be covered under the “safe harbor” of the Israel Patent Law. TKT also demonstrated that it will not infringe the patent in suit once its actions are outside “safe harbor” protection. The District Court ruled in TKT’s favor indicating that sections 1(2)(2) and 54a must be read broadly to encompass clinical trials of all drugs, and not only generic drugs. The court further held that the future plans of a party cannot form the basis for denying it the protection set forth in section 54a, as long as the party’s conduct was in good faith.
|
|
|
 |
 |
|
Ohio district judge has invalidated five out of six claims asserted against PCZL client Lumenis
November 6, 2005 In a recent ruling, an Ohio district judge has invalidated five out of six claims asserted against PCZL client Lumenis, as being indefinite. See attached opinion.
|
|
|
 |
 |
|
PCZL client, Green Power Technologies Ltd. (GPT) may use any and all confidential documents produced to it by Infineon Technologies AG (Infineon) in US discovery in a parallel German lawsuit.
July 13, 2005 Court permits confidential documents produced in US patent litigation to be used in German lawsuit.
PCZL client, Green Power Technologies Ltd. (GPT) may use any and all confidential documents produced to it by Infineon Technologies AG (Infineon) in US discovery in a parallel German lawsuit between the same parties, held a DC court. “We believe these documents will add even more credibility to our case against Infineon,” said Eitan Cohen, chief executive officer of GPT.
GPT is an Israeli start-up focused on developing innovative and environmentally friendly power supply management solutions. GPT and Infineon were in negotiations for cooperation since 2001. GPT's technology was protected by multiple non-disclosure agreements between the two companies. During the course of 2001, GPT fully disclosed all key aspects of its product, including a 180-page design instruction manual. Almost immediately following the disclosure, Infineon withdrew from partnership negotiations, and within months began marketing a similar product.
GPT filed a lawsuit in Germany for against Infineon for damages and an injunction based on Infineon's use of GPT's trade secrets. In parallel, Infineon brought suit in the US against GPT for a declaration that GPT's patents were invalid and not infringed by Infineon's products. GPT moved that the protective order that governs the confidentiality of the documents produced in the US litigation be modified to allow submission of the documents, including Infineon's internal documents, to the German court. In a published decision, the Court granted GPT's motion, finding that there was good cause for doing so. With the Court's ruling, GPT will be permitted to use any of the thousands of Infineon internal documents to support its case in the German court.
Representing GPT were Guy Yonay and David Loewenstein.
|
|
|
 |
 |
|
We are pleased to announce that DAVID A. LOEWENSTEIN has joined our firm...
PEARL COHEN ZEDEK LATZER, LLP
is pleased to announce that
DAVID A. LOEWENSTEIN
has joined our firm as Senior Counsel and will head the U.S. litigation group.
Mr. Loewenstein has 18 years of patent litigation experience and previously was associated with Fish & Neave and Morgan & Finnegan
He holds a J.D. from Fordham Law School, an M.S. Degree in Mechanical Engineering from Columbia University, and a B.S. Degree in Mechanical Engineering from Tufts University.
|
|
|
 |
 |
|
Morria Biopharmaceuticals, Plc. (London) secures GBP 2.1 million in Financing.
June 8, 2005 Morria Biopharmaceuticals, Plc. (London) secures GBP 2.1 million in Financing. Funding will support its Multi-Functional Anti-Inflammatory Drug (MFAID’s) development program. Mark S. Cohen, Senior Partner and Chair of Life Science Practice Group of Pearl Cohen Zedek Latzer, LLP, represents Morria in patent and licensing matters, and in this transaction.
LONDON, June 8 /PRNewswire/ -- Morria Biopharmaceuticals, Plc ("Morria"), a biopharmaceutical company focused on anti-inflammatory drug therapies, announced today the successfully completion of a GBP1.9 million private placing of 3,172,700 ordinary shares at a price of GBP0.60 per share. The round was led by its Financial Consultants Charles Street Securities (CSS) of London and follows a GBP200,000 private bridge financing.
"This first major round of funding reflects the confidence of the investment community in our ability to carry out our strategic vision and become a major innovative player in the anti-inflammatory industry." remarked Dr. Yuval Cohen, Managing Director. "We intend to use the proceeds of this funding in order to advance our three core pre-clinical development programs in the fields of dermatology, respiratory and gastro-intestinal inflammatory disorders. We believe that, if successful, our products could potentially replace steroids as the drug-of-choice for treating acute or chronic inflammation and revolutionize the way these diseases, affecting millions of people worldwide, are treated."
Morria has two leading drug candidates: MRX1, a topical formulation for treating atopic dermatitis and MRX3, an inhaled application for treating respiratory inflammation such as asthma and allergic rhinitis. Morria is planning to complete its pre-clinical safety studies and enter clinical phase testing. In addition, the company intends to advance its business strategy and research collaborations.
As a result of the completion of the Financing Round, Mr. Gilead Raday will be joining Morria's board on behalf of CSS. About Morria Biopharmaceuticals Plc
Morria Biopharmaceuticals Plc. is a biopharmaceutical company focusing on anti-inflammatory drugs. Morria aims to become a major player in the US$50 bn anti-inflammatory drug market within the next decade by developing novel drugs for the treatment of a variety of acute and chronic inflammatory conditions including skin, lung and gastro-intestinal inflammatory diseases. The company has an exclusive world-wide license from Yissum, the Research and Development Company of the Hebrew University in Jerusalem.
More information about Morria Biopharmaceuticals Inc. can be found at www.morria.com
This is not an invitation nor is it an offer to purchase or subscribe for shares. This release is only intended for persons falling within the exception set out in regulation 47 of the Financial Promotion order - Persons in the business of disseminating information.
|
|
|
 |
 |
|
Attorneys Idan Frydman and Dori Eyal join our Litigation Department
May 22, 2005 PCZL welcomes attorneys Idan Frydman and Dori Eyal to our Litigation Department. Idan has a background in patent prosecution, litigation, and employment law, and will reinforce our Patent Litigation Team and Employment Litigation Team. Dori, whose focus is on Israeli trademark, design and copyright litigation, will reinforce our Trademark Litigation Team.
|
|
|
 |
 |
Oded Kadosh Joins the Corporate Department
April 10, 2005 Oded Kadosh has recently joined our corporate department. Oded advises clients on commercial and corporate activities, including licensing arrangements and various forms of financing transactions. Oded is qualified to practice in England and in Israel.
|
|
|
 |
 |
PCZL welcomes partner Guy Yonay
February 15, 2005 Pearl Cohen Zedek Latzer is pleased to have Mr. Guy Yonay as a new equity partner. Mr. Yonay served as a patent attorney with the firm in the last several years, and led numerous patent prosecution and patent opinion matters in the firm's hi-tech patent group. Mr. Yonay is admitted to the New York Supreme Court, the United States District Courts for the Southern and Eastern Districts of New York, and the Israel Bar. Mr. Yonay is registered to practice before the United States Patent and Trademark Office, and has a B.E.E.E. from the Cooper Union for the Advancement of Science and Art (1993), as well as a J.D. from Harvard Law School (1996).
|
|
|
 |
 |
PCZL’s Israeli Office is Moving
February 15, 2005 The Israeli branch of PCZL is relocating to a larger, more comfortable floor at the Gav Yam building in Herzliya. The new offices are on the fourth floor of 5 Shenkar Street, in close proximity to our previous offices at 7 Shenkar Street. Please stay tuned for photos from our new offices, and be sure to check out our new contact details under the ‘Contact Us’ section.
|
|
|
 |
 |
|
test
|
|
|
 |
 |
|
|