A: Marie - Licensing Executives Society USA and Canada

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Viewpoints Officers President: Tanya Moore President-Elect: Russell Levine Past-President: Thomas Filarski Secretary: Paul A. Roberts Treasurer: Bob Goldman Vice-Presidents: Brian O’Shaughnessy - Regional, USA Peter M. Ross - Regional, Canada Art Rose - International Bill Elkington - Membership Jeff Whittle - Education Pamela Demain - Communications Caroline Rockafellow - Local Chapters Stasia Ogden - Meeting Programming Trustees: Kevin Arst Rich Baker Ned Barlas Cheryl Cejka Linda Chao Don Drinkwater Gary Fedorochko Bob Held Panagiota "Betty" Koutsigiannis Cat Oyler Hilton Sue Jack Tupman Counsel: John Paul Membership inquiries and contact changes should be sent to: E-mail: info@les.org Web site: www.lesusacanada.org Editorial inquiries and contributions should be addressed to: LES VIEWPOINTS 25125 Detroit Road, #110 Westlake, OH 44145-2500 TEL: 440-871-0571 FAX: 440-871-5218 E-mail: carla@designinterface.com Editor: Carla J. Blackman Writers: Linda Corcoran, Lydia Steck The quarterly newsletter is published by LES (USA & Canada) and is mailed to all Society members. Views expressed in articles are solely those of the respective authors. Article deadlines for LES Viewpoints: February 2013: Deadline-Dec. 21, 2012 April 2013: Deadline-Feb. 16, 2013 August 2013: Deadline-July 20, 2013 November 2013: Deadline-Oct. 24, 2013 Copyright © 2012 Licensing Executives Society (U.S.A. and Canada), Inc. Pamela Demain Receives 2012 Frank Barnes Mentor Award By Lydia Steck Merck Executive Director for Corporate Licensing, Pamela Demain, was honored with the Frank Barnes Mentor Award during the LES (USA & Canada) 2012 Annual Meeting in Toronto. Now in its 12th year, the Frank Barnes Mentor Award recognizes individuals who have made significant contributions to the field of licensing through professional mentorship. “Pam was nominated by four LES veterans—two former Barnes Mentor Award winners and two former LES Presidents—who have watched her in action, mentoring LES members and assuming important leadership roles in the Society, all while working as a key executive at Merck. Quite a balancing act,” said Bill Mattson, Chair of the Frank Barnes Award Nominating Committee. “Pam joins a long and distinguished line of winners who, like Frank Barnes himself, have generously shared their time and talents to support their colleagues and to help advance the mission of LES.” Joe Dillon presents Pamela Demain with the Frank Barnes Mentor Award at the Annual Meeting in Toronto. Over the years, Ms. Demain has mentored countless LES and other colleagues both formally and informally. “I believe that mentoring is an important way to give back to LES for all that it has given me,” she said. In addition to her contributions of mentorship, Ms. Demain has also served LES as Regional Vice President, U.S.A, and several years as Vice President for Communications, where she has overseen a major refocusing and tailoring of LES messages and branding, the launch of the LES Insights weekly e-newsletter, and the creation of the first LES (USA & Canada) Editorial Board. She has also been responsible for the development of the first LES Policy Manual. In addition, she was 2011 Annual Meeting Plenary Chair and as Trustee for Partnering in 2006- 2007, she spearheaded the Power Networking initiative. She has been a member of the Health Care Committee since 2003, involved in planning for the Health Care Sector at LES (USA & Canada) meetings and in Viewpoints, and has worked on a number of strategic initiatives with the Membership and Sponsorship teams. She has been an active LES speaker and attendee at seasonal, annual and New Jersey Chapter meetings for many years. As Executive Director for Corporate Licensing at Merck, she is responsible for negotiating transactions with companies, universities and institutions worldwide. She also heads up relationship development for licensing. During her more than 30-year career with the company, she has also worked in Merck’s Global Marketing Division with positions ranging from leading the Business Information & Research Group to Product Management and Marketing Communications. Her pharmaceutical career began in the laboratories of Gruppo Lepetit, an Italian pharmaceutical company, which was then a subsidiary of Dow Chemical Company. Ms. Demain is a graduate of the University of Massachusetts at Amherst, holds an MBA in international business from American University in Washington, D.C. and is a Certified Licensing Professional (CLP). LES (USA & Canada) Annual Report 2012 Look for the 2012 LES (USA & Canada) Annual Report on the Web site by going to www.lesusacanada.org. The document includes reports from the President, President-Elect, Vice-Presidents of Communications, Education, Member Interests, Membership, International, and the LES Foundation. As always, the report includes the financial state of the Society and biographical sketches of the Board of Trustees. Printed versions are available by request from the LES (USA & Canada) office. 2 LES Viewpoints
Royalty Rates Revealed In Annual Meeting Workshops Global Life Sciences Royalty Rates And Deal Terms By Lydia Steck A panel of members released its highlyanticipated 2012 Global BioPharma Royalty Rates and Deal Terms Survey during a session at its Annual Meeting. The new survey builds on the highly successful surveys in 2008 and 2010 and was conducted globally by the LES (USA & Canada) Life Sciences/ Health Care Sector in coordination with the LES International Life Sciences Sector. It targeted LES and LESI members in the biotechnology and pharmaceutical industries, with international participants representing 17 LESI national societies around the world. The final Survey Report, to be released in November, will provide exclusive industry-specific data and detailed analysis of fixed royalties, tiered royalties, deal terms and valuation methods. A robust data set drawing from this and the previous surveys provides the opportunity to individually review deals for therapeutics, diagnostics, and delivery innovations. This is highly valuable information for those looking for a better understanding of the market and to enhance their own deal strategies and negotiations. “This new survey represents an important expansion of the data set we began with the 2008 and 2010 surveys,” said Ben Bonifant, Chair of the LES Global BioPharma Royalty Rates and Deal Terms Survey. “We now have enough information to look at deal trends over time and to explore important factors affecting deals for diagnostic and delivery innovations.” See Rates, continued on Page 12 Workshop panelists: Robert Held (left), Ben Bonifant, Jiaqing Lu and Hal Craig. Comparison Of Royalty Rates, Deal Terms, And Best Practices Across The CEEM, High Tech And Life Sciences Sectors By Hal Craig Drawing on their collective experience and data from LES' Royalty Rate & Deal Terms surveys, the panelists compared and contrasted licensing across the three sectors and explained differences and similarities based on the underlying dynamics of each sector and its component industries. This workshop provided an understanding of the underlying sector value drivers and their potential impact on licensing transactions. The panel examined the ideas of "convergence,” a subject of increasing importance as intellectual property developed for one industry or application finds uses outside its originally intended area. One of the challenges of convergence is that companies approach licensing and perceive the value of IP based on the underlying dynamics of their own industry and their perception of less familiar industries. Interpreting Royalty Rate And Licensing Trends To Protect Your Position By David Jarczyk Session attendees learned about licensing trends from the past 10 years for the pharmaceuticals, software, consumer products, telecommunications, and chemicals industries with the goal of interpreting past trends for future advantage. The researchers analyzed data from over 4,000 licenses obtained from complete agreements filed in the public domain, and presented the following key takeaways: In the pharmaceutical industry there is a trend to licenseout manufacturing intangibles. IP owners often provide exclusive rights, but generally grant the licensee non-exclusive rights in non-primary fields. Most agreements favor net sales as a royalty base and incorporate milestone payments with well-defined triggers. In software, over 90% of agreements involved commercial licensors. In this industry, the context of the software license drives the deal terms. For example, software licenses in the telecom industry generally have higher royalties than those in the chemicals industry. In consumer products, licenses combining manufacturing and marketing intangibles had the highest royalty rates, exclusive rates were significantly higher than non-exclusive. Analysis shows that royalty rate increases faster as patent count increases from a smaller base; and that portfolio licensing is an effective way to reduce royalty stacking. In telecommunications, there is a trend to license manufacturing intangibles and offer minimal rights to sublicense perhaps to protect against infringement or unintended sharing of secrets. There is a propensity to limit exclusivity to certain markets, while allowing non-exclusive rights in other fields. There is a preference for royalties based on net sales. In the chemicals industry, industry consolidation and low production costs will likely lead to lower than average royalty rates in the future. Additionally, licensed know-how bundled with marketing intangibles tends to garner the highest royalty rate. Viewpoints Future issues of Viewpoints will be sent to members via an e-mail link starting in 2013. It will be in full color and open in a page-turning software. This will be the last printed copy delivered by US Mail. LES (USA & Canada) wishes everyone Happy Holidays! November 2012 3
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A: Marie - Licensing Executives Society USA and Canada

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