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Licensing Executives Society 2007 Deals of Distinction Awards
Announced
FOR IMMEDIATE RELEASE
Contacts:
Ken Schoppmann
Executive Director, Licensing Executives Society (USA and Canada), Inc.
703-299-8212
schoppk@les.org
Jake Schaible
Chair, LES Deals of Distinction AwardsTM Selection Committee
Licensing Executives Society (USA and Canada)
jjschaible@san.rr.com
(858) 652-1392
Al Rickard
LES Public Relations Representative
arickard@associationvision.com
(703) 402-9713
Licensing Executives Society Announces
2007 Deals of Distinction Awards™
Vancouver, B.C., Canada, Oct. 17, 2007 -- Intellectual property (IP) – specifically
patents, copyrights, trademarks and trade secrets – is the fundamental
unit of innovation in our knowledge-based economy. Agreements that facilitate
transfer of IP help establish the value for innovation. License agreements
also help secure investments to advance research and realize the promise of
innovation for the benefit of society.
However, creation of clear agreements that permit IP transfer at fair value
is a complex art, and thus ripe ground for innovation in its own right.
To honor the best of these deals, the Licensing Executives Society (USA and
Canada), Inc. (LES) today presented Deals of Distinction AwardsTM to winners
in five industry sectors. The awards were given at the LES Annual Meeting in
Vancouver, British Columbia, Canada.
"2007 has been a year of heightened debate on the importance of intellectual
property,” said Jake Schaible, Chair of the Deals of Distinction AwardTM
Committee, and incoming Chair of the LES Healthcare Industry Sector. “In
the United States and elsewhere, new patent legislation is being actively considered
which may radically change the system for protecting such inventions. It is
against this turbulent IP background which we announce this year's winners
of the LES Deals of Distinction AwardsTM.”
The 2007 LES Deals of Distinction AwardsTM winners are:
- Consumer Products Sector: “The J&J Acquisition
of Pfizer Consumer Healthcare,” between Johnson & Johnson
and Pfizer, Inc.
- Chemicals, Energy and Materials Sector: “The
Licensing of LSV® Burners for Ethylene Manufacture,” between Air
Products and Chemicals, Inc, the John Zink Company, and affiliates of the
Technip Group.
- HealthCare Sector: “The Global Partnership
on Hematide™ (erythropoiesis-stimulating
agent),” between Affymax Inc and Takeda Pharmaceutical Company Limited.
- High
Technology Sector: “The F-16 Technical Manual Viewer
Deal,” between Lockheed Martin Aeronautics and Jouve Aviation
Solutions, as facilitated by Fluid Innovation Group.
- The Industry/University and Government Laboratory
Transactions Sector: “The UGT1A1 Human Gene Diagnostics
Licensing Program,” between Mayo Clinic and the University of
Chicago.
Major Acquisition in Consumer Health Care Solidifies Market Position
for One, While Allowing the Other to Improve Margins and Focus on Core Business
The 2006 $16.6 billion cash deal by J&J to acquire Pfizer's Consumer
Healthcare division significantly expanded Johnson & Johnson's consumer
business.
Pfizer Consumer Healthcare's global business of personal care and over-the-counter
(OTC) products achieved sales of $3.9 billion in 2005. Worldwide market-leading
brands include Listerine oral care products and the Nicorette line of smoking
cessation treatments. Other brands include Lubriderm®, Visine®, Neosporin®,
Sudafed®, Benadryl® and Purell®.
The combined portfolio of OTC brands solidifies J&J's global market-leading
OTC franchise. Under the deal, J&J also acquired the U.S. OTC switch rights
to the antihistamine Zyrtec, upon patent expiration and FDA approval. The Pfizer
brands complement the J&J stable of well known brands, including Band-Aid® Brand
Adhesive Bandages, Tylenol®, Reach®, Splenda® and many others.
As a result, J&J is now clearly the world's premier consumer healthcare
company.
This deal is distinctive in that it is transformational, both in terms of
the size and strategic result for the parties involved, but also given its
impact on the nonprescription healthcare portion of the Consumer Products industry.
“This major acquisition indicates the incredible value of brand in the
consumer products industry,” said Dan O'Neill, 2007 Co-Chair of
the LES Consumer Products Industry Sector.
Spark of Innovation Lights Up Savings and Less Pollution
in Combustion Technology
Air Products and Chemicals, Inc, the John Zink Company, and two units of the
Technip Group which were party to this agreement, specfically Technip USA and
Technip Benelux B.V., earned honors for a deal on "The LSV® Burner
for production of Ethylene."
Air Products' LSV® Burner was originally designed to permit lean
combustion in the company's own hydrogen production applications. Such
lean combustion significantly decreases nitrous oxide air emissions, thus providing
environmental and operational benefits. However, Air Products became aware
that this technology has broader uses outside its own uses, and partnered with
the Technip Group and John Zink Company to explore other applications including
use in the production of Ethylene.
This deal is distinctive as it is a great example of a company monetizing additional
applications of an invention which started out only as a solution to an internal
need.
According to Leslie Goff, 2007 Co-Chair of the LES Chemicals, Energy and Materials
Industry Sector, "The John Zink Company and Technip Group has clearly
demonstrated the value the IP brings when one looks outside the original target
application of the Technology and leverages the Technology in alternate areas."
Global BioPharma Deals Come Full Circle
The 2006 global partnership on Hematide™, Affymax's erythropoiesis-stimulating
agent, with Takeda, was a follow on to an earlier Japan-only development and
commercialization agreement between the parties, and is an exciting milestone
in the evolution of biopharma partnering.
In the past, North American and European-based pharmaceutical companies dominated
the global industry, and primarily viewed Japan-based companies as portals
for distributing their drug candidates in Japan, or at most, parts of Asia.
Soon thereafter, R&D candidates of the Japan-based pharmaceutical companies
were recognized as import opportunities as well.
Historically, the Japanese-based companies primarily focused on their home
market, and rarely had major operations beyond Asia. However, from the 1990s
to today, as the relative attractiveness of the Japan market for pharmaceuticals
started to wane, several of the largest and forward thinking Japanese pharmaceutical
companies strategically diversified their geographic investments and focused
on developing capabilities in Europe and North America. For example, Takeda's
early moves included establishing, with global company Abbott, the TAP joint
reseach partnership. Later, Takeda choose to establish a fully-owned U.S. affliliate,
mirroring operations previously established in Europe, primarily to market
the fruits of their own R&D efforts outside of Japan.
Major deals such as this one with Affymax serve to signal full globalization
of top Japan-based companies, such that they should no longer be consider “Japanese
Companies,” but rather only “Global Pharmaceutical Companies.” It
also further highlights the increased competition among the global players
to source in-licensed products, as well as the increased willingness of innovator
companies and their backers to consider partnerships beyond the usual suspects.
“We are pleased to honor
both Takeda and Affymax as the healthcare industry sector winners,” said
Lauren Silvernail, CFO and Vice President of Corporate Development for ISTA
Pharmaceuticals, Inc. and 2007 Chair of the LES Healthcare Industry Sector. “The
choice was a difficult one, as a number of interesting transactions were
completed in healthcare this year. We congratulate all who were nominated
for this prestigious award.”
Aviation Information Solutions Take Deal Making to New Heights
This year, the LES High Tech Sector chose to recognize Jouve Aviation Solutions,
Lockheed Martin Aeronautics, and the Fluid Innovation Group, for the F-16 Technical
Manual Viewer Deal.
This was an interesting deal which allowed Lockheed Martin to monetize technical
content on the F-16 and placed the software viewer and related IP assets in
the hands of Jouve, which in turn provided access to friendly air forces that
use the information for F-16 repair and maintenance. The arrangement allows
Lockheed to focus on development and support of next generation airframes,
while ensuring technical support to those who use the F-16, and is a good example
of “out-of-the-box” deal making for Lockheed. The relationship
between Lockheed and Jouve has already been expanded to include technical manual
content on several other Lockheed airframes.
Partner evaluation and deal execution was facilitated by the Fluid Innovation
Group on behalf of Lockheed Martin Aeronautics.
“What makes companies successful is their ability to focus on their
core competencies. This deal is a seminal example of such an arrangement,” said
Brad Hulbert, 2008 Chair of the LES High Tech Industry Sector.
Innovative Deal Structure Optimizes Access to Cancer Diagnostic Technology
In late 2005, Mayo Clinic inked an interesting IP deal with the University
of Chicago for a gene screen which predicts a patient's risk of side
effects from chemotherapy. The UGT1A1 test was developed and patented by Mark
J. Ratain, MD, and colleagues at the University of Chicago, and specifically
provides information on which patients possess a genetic variant which alters
the metabolism of irinotecan HCl (Camptosar®), a key component of the standard
first-line treatment for advanced colon cancer and others.
Mayo acquired an exclusive license to the technology, and began offering the
test to patients at Mayo and also those served nationwide through its reference
laboratory, Mayo Medical Laboratories. The exclusive license included the right
to sub-license and Mayo actively pursued sub-license agreements with other
academic medical centers, reference laboratories, diagnostic test companies,
and pharmaceutical companies to ensure that patients everywhere have access
to this important screening test. While a 2005 deal, the LES Deal of Distinction
AwardTM Committee supported this nomination given the element it felt was most
distinctive, and the promise by Mayo to broadly sublicense the IP. This was
not fully fulfilled until 2006, when Mayo signed the first of several sub-licenses
with several third parties. Revenue from Mayo Medical Laboratories testing
and technology licensing is used to support medical education and research
at Mayo Clinic. Camptosar® is a registered trademark of Pfizer Inc.
“We are pleased to convey this award to the Mayo Foundation for Medical
Education and Research and the University of Chicago,” said Robert R.
Gruetzmacher, Ph.D., Co-Chair of the LES Industry/University and Government
Laboratory Transactions Sector. “Their licensing arrangement provides
for the widest use of unique gene-based diagnostic technology to assist in
determining appropriate therapy in cancer patients.”
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About the LES Deals of Distinction AwardsTM Program
Started in 2005, the LES Deals of Distinction AwardsTM Program aspires to recognize
worthy transactions involving licensing and transfer of intellectual property
and to promote creative and innovative solutions to business issues involving
contracts. Nominations with the support of a LES member are considered and,
with input from that industry, recommended by the LES Deals of Distinction
AwardsTM Committee and ratified by the LES Executive Committee. The criteria
for the 2007 awards include distinctive deals in structure or objective,
consummated in 2006, with at least one party having a presence in the U.S.A.
and Canada. The physical award is hand sculpted glass by the artisans of
Parris-Roché Design Studios, consisting of a pair of entwined blue
glass ribbons encased in a clear conic pinnacle, symbolic of parties coming
together and obtaining superior results through collaboration. The awards
were announced in connection with the 2007 LES Annual Meeting in Vancouver,
British Columbia, Canada, held October 14-18, 2007, which included participation
of over 1,200 licensing executives. For more information on the LES Deals
of Distinction AwardsTM program, see http://www.usa-canada.les.org/dda.asp.
About Licensing Executives Society (U.S.A. and Canada), Inc.
Established in 1965, the Licensing Executives Society (U.S.A. and Canada),
Inc. (LES) is a professional society comprised of over 6,000 members engaged
in the transfer, use, development, manufacture and marketing of intellectual
property. The LES membership includes a wide range of professionals, including
business executives, lawyers, licensing consultants, engineers, academicians,
scientists and government officials. Many large corporations, professional
firms, and universities comprise the Society's membership. Licensing Executives
Society (U.S.A. and Canada), Inc. is a member society of the Licensing Executives
Society International, Inc. (LESI), with a worldwide membership of over 12,000
members in 30 national societies, representing over 80 countries. For more
information on LES, see http://www.usa-canada.les.org/aboutus/
About Pfizer, Inc.
Pfizer, Inc. (NYSE: PFE) engages in the discovery, development, manufacture,
and marketing of prescription medicines for humans and animals in the United
States, Europe, Canada, Asia, and Latin America.
About Johnson & Johnson
Johnson & Johnson is the world's most comprehensive and broadly based
manufacturer of health care products, as well as a provider of related services,
for the consumer, pharmaceutical, and medical devices and diagnostics markets.
The more than 250 Johnson & Johnson operating companies employ approximately
120,500 men and women in 57 countries and sell products throughout the world.
About Air Products and Chemicals, Inc.
Air Products (NYSE:APD) serves customers in industrial, energy, technology
and healthcare markets worldwide with a unique portfolio of atmospheric gases,
process and specialty gases, performance materials, and equipment and services.
Founded in 1940, Air Products has built leading positions in key growth
markets such as semiconductor materials, refinery hydrogen, home healthcare
services, natural gas liquefaction, and advanced coatings and adhesives.
The company is recognized for its innovative culture, operational excellence
and commitment to safety and the environment. Air Products has annual revenues
of $9 billion, operations in over 40 countries, and over 20,000 employees
around the globe. For more information, visit www.airproducts.com.
About Technip Group
With a workforce of 22,000 people, Technip ranks among the top five corporations
in the field of oil, gas and petrochemical engineering, construction and
services. The Group is headquartered in Paris. The Group's main operations
and engineering centers and business units are located in France, Italy,
Germany, the UK, Norway, Finland, the Netherlands, the USA, Brazil, Abu-Dhabi,
China, India, Malaysia and Australia. In support of its activities, the Group
manufactures flexible pipes and umbilicals, and builds offshore platforms
in its manufacturing plants and fabrication yards in France, Brazil, the
UK, the USA, Finland and Angola, and has a fleet of specialized vessels for
pipeline installation and subsea construction.
About John Zink Company, LLC
John Zink Company, LLC is a leading provider of advanced combustion
systems and breakthrough technologies worldwide, servicing a wide range of global
markets. John Zink branded products include JZ® flares, process burners,
duct burners, thermal oxidizers and vapor control systems; KALDAIR® flares;
TODD® boiler burners; GORDON-PIATT® boiler burners; and KEU™ thermal
oxidizers and heat recovery systems. John Zink Company is a Koch Chemical Technology
Group, LLC company. To learn more about John Zink, visit www.johnzink.com.
About Affymax, Inc.
Affymax, Inc. is a biopharmaceutical company developing novel drugs
to improve the treatment of serious and often life-threatening conditions. Affymax's
lead product candidate, Hematide™, is currently in Phase 3 clinical trial
stage for the treatment of anemia associated with chronic renal failure and in
clinical trials for the treatment of anemia in cancer patients. For additional
information, please visit www.affymax.com.
About Takeda
Located in Osaka, Japan, Takeda is a research-based global company with
its main focus on pharmaceuticals. As the largest pharmaceutical company in Japan
and one of the global leaders of the industry, Takeda is committed to striving
toward better health for individuals and progress in medicine by developing superior
pharmaceutical products. Additional information about Takeda is available through
its corporate website, http://www.takeda.com.
About Lockheed Martin Aeronautics Company
Lockheed Martin Aeronautics Company is one of the world's leading
companies in the design, development, production and support of advanced military
aircraft and related technologies. Products include the F-22 Raptor, F-35 Lightning
II Joint Strike Fighter, F-16 Fighting Falcon and C-130J Super Hercules. Headquartered
in Bethesda, Md., Lockheed Martin employs about 140,000 people worldwide and
is principally engaged in the research, design, development, manufacture, integration
and sustainment of advanced technology systems, products and services. The
corporation reported 2006 sales of $39.6 billion.
About Jouve Aviation Solutions
Jouve's AirGTI® Enterprise Suite provides a unique system for the
end-to-end life cycle management of technical documents, company manuals, flight
manuals, job cards, engineering publications and aircraft and engine maintenance
records. AirGTI is not just a computer system, but represents a way of doing
aeronautical business and has simplified the way that aviation publications
are managed. By gaining control of its data, an operator can increase productivity
and reduce the cost of change management. Maintaining the quality, accuracy,
and reliability of data are essential in the achievement of operational excellence.
In today's value-conscious environment where we must do "more with less" in
a method faster and better than the competition, a comprehensive data integrity
management solution is imperative. The AirGTI Suite and AirGTI Services provide
this by merging specialized knowledge and experience with airline business
process automation and technology. The synergy that results from this combination
is what makes the AirGTI solution so powerful, unique, and valuable. Its functions
and features are designed to provide cost reduction, control and increase processing
efficiency through an integrated change management and paperless strategy.
For more information on JAS, please visit www.jouve.com.
About Fluid Innovation Group, Inc.
Based in Austin, Texas, Fluid Innovation Inc. helps market-leading enterprises
like Microsoft, AT&T, and Lockheed Martin, generate revenue by discovering,
assessing, and licensing internally developed technologies to companies that
commercialize and market them. In addition to its core product, Fluid Licensing
System, Fluid Innovation created Virtual Ventures, the first online game
and prediction market community designed to commercialize real software.
For more information about the company, visit http://www.fluidinnovation.com.
About the University of Chicago
Established in 1890 in Chicago's Hyde Park neighborhood, the University of
Chicago is one of the world's great centers of learning. Six Nobel laureates
are currently on the faculty, and 73 laureates have been students, faculty
or researchers at University of Chicago. Twenty of the University's academic
departments rank nationally in the top 10, according to National Research
Council ratings. And for the fifth year in a row, the University of Chicago
Hospitals were selected among the best hospitals in the United States by
U.S.News & World Report in their annual survey of America's nearly 7,000
hospitals.
About the Mayo Foundation for Medical Education and Research
The not-for-profit Mayo Foundation for Medical Education and Research provides
health care, most notably for complex medical conditions, through its renowned
Mayo Clinic in Rochester, Minnesota and other clinics are located in Arizona
and Florida. The Mayo Health System operates a network of affiliated community
hospitals and clinics in Minnesota, Iowa, and Wisconsin. The Mayo Foundation
also conducts research and trains physicians, nurses, and other health professionals.
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