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YOU’RE PASSIONATE ABOUT YOUR IDEAS. SO ARE WE
CROWLEYLAWLLC.COM
JULY 2025
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One of our clients, New Jersey Innovation Institute (a division of NJ Institute of Technology), enjoyed a major step forward this past May. New Jersey Governor Phil Murphy and NJIT President Teik C. Lim “cut the ribbon” to celebrate the official opening of NJII Venture Studio at NJII. While attending the ceremony, I caught up with NJII COO Michael Chirico.
A Summer of Scientific Surprises If you want insight into some of the most extraordinary medical breakthroughs in recent times, look to the water. With summer in full swing, many of us are undoubtedly spending well-deserved time at beaches and the ocean. Naturally, there’s much more to this setting than enjoying seasonal recreation. Aquatic environments host a vast array of organisms that fascinate scientists worldwide and may hold the key to the future of medicine — and ongoing work to utilize marine life in advancing human health has been nothing short of breathtaking. For example, the National Oceanic and Atmospheric Administration has been collecting and studying marine organisms, such as corals and sponges, in its research to battle bacteria’s antibiotic resistance. As antibiotics have developed over the years, so have strains of bacteria that have found ways to defend themselves against the antibiotics. It’s a continuing and growing problem. The search for new antibiotic substances in the oceans is a new direction away from the traditional method of using land-based flowers and plants as pharmaceutical sources. Recently, the utilization of marine life in pharmaceutical research has resulted in considerable progress in the antioxidant arena. Astaxanthin, a bright red carotenoid pigment and potent antioxidant made by marine and land-based arthropods (insects and crustaceans), also imparts the pink color to the animals that regularly dine on them, such as wild salmon and trout. According to the National Institutes of Health, dietary supplementation of astaxanthin in clinical studies has been shown to prevent diabetes, cardiovascular disease, cancer and neurodegenerative disorders and promote immunity and longevity. Now, thanks to one of our clients, From the Sea to the Cell
Adjuvia Therapeutics, astaxanthin may soon serve human health in ways not previously thought possible. A preclinical-stage biopharmaceutical company based in San Francisco, Adjuvia (per its website) “is developing innovative, orally administered therapies to treat inherited and chronic diseases driven by mitochondrial and cellular dysfunction.” To develop a stronger therapy for mitochondrial disease, the company has been developing a method — currently in Investigational New Drug (IND)-enabling studies — to produce a highly potent, naturally sourced form of the small molecule astaxanthin from the unicellular freshwater microalgae Haematococcus pluvialis , or “HP.” (See bit.ly/3HQ4YOE ). According to Adjuvia, this proprietary oral nanoparticle formulation of astaxanthin, ATI-103, has “the unique ability to embed into the mitochondrial membrane to protect cells from oxidative damage and regulate signaling pathways that restore cell function.” Adjuvia co-founder and CEO, Dr. Laura Hix Glickman, shared some of her perspectives with me on the critical use of HP algae in developing this revolutionary form of astaxanthin. Continued on Page 3 ...
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Patent Power
Protect, Prevent, Prevail
Did you know that locking up access to intellectual property (“IP”) is a key problem — and opportunity — for startups? This intriguing question is one of the many key topics explored in Philip Crowley’s new book, “ AVOID STARTUP FAILURE!: Learn The Top Ten Causes Of Failure For Technology Startups And How To Turn Them To Your Advantage. ” Crowley’s must-read debut book reveals the insider secrets and strategic tools that he has seen help many startups avoid common missteps and promote
“In the United States, an inventor who makes a public disclosure has a one-year grace period in which to file a provisional patent application. However, that would provide patent protection only for the United States. In all other industrialized countries, public disclosure before a filing is fatal for patent protection.
“Since the marketplace for many technologies is global, filing only in the United States may make the intellectual property much less valuable. There’s another problem as well. If the U.S. patent process continues, the patent application is published after a period of time. So, the patent
long-term success. In the case of IP, he walks readers through ways to protect their ideas and, when appropriate, ultimately grant rights to their innovations to outside third parties. For example, when a technology entrepreneur desires to obtain an individual’s IP rights, a written agreement is essential to ensure confidentiality and exclusivity between the parties, provide stronger protections beyond verbal assurances and prevent the IP from becoming publicly available. An agreement of
applicant is basically teaching those people in the rest of the world how to make and use its invention. That cuts off the prospect of an exclusive market outside the United States.” Here’s another critical point: When considering pursuing a patent, it is vital to understand that it is intended primarily to exclude others from using your IP — it doesn’t necessarily grant you the right to manufacture and market your innovation. Look for more details about the book in upcoming editions of this newsletter. Go to bit.ly/4396BxS to order your copy today! Visit the Crowley Law LLC website at CrowleyLawLLC.com to access the firm’s library of free resources — including “ From Lab to Patient, Garage to Market ,” a regular video podcast featuring leaders in life sciences, technology, startups and related fields.
this nature would preclude the individual from discussing their IP in a lecture, at a conference or in published form via journals. Generally, the IP would no longer be subject to worldwide patent protection if it becomes publicly available through these methods. However, as Crowley states in “ AVOID STARTUP FAILURE ,” there are ways to save a patent even when a public disclosure is made — but it depends on where you live.
A Gateway to U.S. Growth
Eisner Advisory Group
“As a partner of the Eisner Advisory Group, I’m firmly committed to helping international life sciences and technology companies expand their operations into the U.S. Through our “Coming to America” program, we help these entities fulfill their entrepreneurial journey — from assisting them in professionalizing and growing their U.S. business to serving as a sounding board when things don’t go as initially planned. Our goal is to provide them with the comfort of knowing they are supported through whatever compliance elements or logistical needs arise on that journey. “Because many of these companies don’t have a U.S. attorney, we readily refer them to Crowley Law. We’ve enjoyed a great relationship
with Phil’s firm, which is entrepreneur-friendly and has done a fantastic job helping our clients set up their initial companies, put employment agreements in place, enter into leases for offices and perform many other critical tasks. Crowley Law gets things done quickly while understanding the needs of technology-driven companies. Most importantly, Phil always takes time to listen. His level of care helps all boats rise with the tide, and I always refer him with great confidence.”
–John Pennett
For information on how our services and expertise can help your business thrive and succeed, please visit CrowleyLawLLC.com .
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From Lab to Patient, Garage to Market Patients Can’t Wait: Inside BioNJ
“Astaxanthin is manufactured by animals at the bottom of the food chain (e.g., krill), but in low quantities, making extraction uneconomical. The freshwater HP algae, found in northern climates, developed a unique mechanism to survive long winters. As sunlight fades and nutrients become scarce, the algae become stressed and create a cyst packed with astaxanthin to protect their high mitochondrial content from oxidation. The cyst is also protected with a hard carbohydrate shell designed to prevent it from being digested by a hungry predator. “The nutraceutical industry attempts to break the shell apart using high temperature, pressure and carbon dioxide as a solvent. This process cannot break the cyst down to a size small enough to be easily absorbed during digestion, and the elevated temperatures/pressure alters the chemical structure of the resulting astaxanthin molecule, rendering it poorly effective. “Our co-founder, John Carberry, patented a method to break down the cyst contents to nano-sized components, packed with astaxanthin and other beneficial molecules extracted from the HP algae that is easy to digest and delivers maximum efficacy to tissues throughout the body to repair mitochondrial damage and regenerate cell and organ function.” Adjuvia plans to start clinical trials at the Children’s Hospital of Philadelphia next year in the rare mitochondrial diseases Friedreich’s Ataxia (see bit.ly/44A4VPB ) and Leigh Syndrome (see bit.ly/4nlkD8P ), where inherited mitochondrial defects create excessive oxidative stress that results in neuromuscular degeneration and debilitating physical impairments. The trial will initially target adult patients with the aforementioned diseases. Still, they hope to quickly expand trials in the pediatric populations, where there are currently no FDA-approved therapies and most patients don’t survive childhood. Dr. Glickman has also been kind in assessing Crowley Law LLC’s services. As she shared in a recent interview, “Phil has been tremendously helpful, both in his perspective and his help in getting contracts initiated with various companies and reviewing them to ensure they’re favorable toward us. In one instance, we wanted to get out of a contract with a vendor, but the contract was tricky as written. Phil guided us on how to negotiate and settle with that company, and everyone walked away happy. His expertise and knowledge of how to get out of a sticky situation — and how not to get in one — are critical.” Thank you so much, Laura! My firm is honored to serve you, and we can’t wait to see where your company’s excellent work takes medicine next. Note: The foregoing may constitute attorney advertising under applicable bar rules. ... continued from Cover
The roads to progress in life sciences often lead to the Garden State. For Episode 19 of his “From Lab to Patient, Garage to Market” podcast, Philip Crowley
welcomes Debbie Hart, president and CEO of BioNJ, the premier trade organization for life sciences companies in New Jersey. Working in the spirit of the organization’s motto, “ Because patients can’t wait, ” Hart has worked with industry leaders for more than 30 years, providing support to life science entities in New Jersey and beyond. BioNJ’s innovative membership includes over 400 early- stage startups, mid-size/large biopharma businesses, law firms, contract research organizations, accounting firms, government agencies and academic institutions. In one of this can’t-miss conversation’s many highlights, Hart shares her perspectives on the most significant obstacles currently facing start-ups and research-based life sciences companies. “It takes 10–15 years to bring a therapy to market. It takes more than $2.5 billion to make it happen. Fundraising has always been the challenge from day one and will continue to be. “Government has a key role to play and can be a really supportive partner,” she adds. “On the other hand, in some ways, [it] can challenge the industry and not do what we think is in the best interest of patients. Again, patients can’t wait and need the therapies and cures this industry can bring forward.” Additionally, Hart discusses BioNJ’s successful partnership with the New Jersey-based venture capital group Tech Council Ventures. The union was finalized late last year to engage investors and provide new funding opportunities to early-stage companies. “We wanted to look for ways to be supportive of them, and they wanted to look for ways to be supportive of us — and more importantly, of our companies, our industry, and, ultimately, our patients.” To learn more about BioNJ, please visit BioNJ.org. Hosted by Crowley Law LLC Founder and Managing Partner Philip Crowley, the “From Lab to Patient, Garage to Market” podcast explores the critical issues and concerns impacting the biotech, life sciences and startup markets by offering fresh perspectives from industry leaders and experts. It is available on YouTube, LinkedIn, Facebook, Apple Podcasts, Spotify, all the major podcast channels and at CrowleyLawLLC.com .
–Philip Crowley
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In This Issue
1. Marine Medicine in Motion
2. IP, Ideas, and Impact
Referral Testimonial
3. Podcast Preview
4. From Resource to Revenue
Teach, Don’t Tell
The Vast Value of Educated Consumers
Nobody should ever be expected to care even a little bit about what you’re trying to sell them — unless you educate them on why they should care. Capturing a consumer’s trust and loyalty is a constantly shifting process. Consumers are bombarded with marketing attempts — including your competitors’ — virtually every moment of every day and your costly marketing campaign can be buried in a mountain of cyber clutter in a millisecond. How do you maneuver through the mire and capture consumers’ attention? Here are three tips to help you turn your sales tactics into opportunities to train potential buyers to view you as the definitive go-to provider for their needs. DON’T RESIST GIVING AWAY SOME OF YOUR STORE. If you want a consumer to understand why your product is the best answer to their concerns, show them why your solution
matters. Nowadays, it’s increasingly common for companies to post blogs, articles, or webinars on their websites or upload brief informational videos on YouTube offering expert tips on addressing their customer base’s areas of need. Don’t hesitate to provide free expertise and advice before a sale, as giving an interested consumer a solution in advance may lead to greater sales. USE PICTURES OVER PARAGRAPHS. Pictures will always speak louder than words when attracting a potential sale. Studies have shown that including images in text increases a person’s ability to retain information by as much as 55%. REMEMBER WHO YOU ARE. Never neglect to acknowledge you’re a consumer yourself. What kind of marketing tends to attract your attention? When a salesperson contacts you, are you interested in learning about every facet of his or her company or services, or do you just want the
most pertinent information that speaks to your immediate needs or interests? Consider how you’d explain what you’re selling to a neighbor or family member. Would you stuff your overview with eye- glazing industry jargon or make your words succinct and easily understood? And always remember to test, test, test your assumptions about the needs, wants, and interests of your potential customers. Each consumer has his or her own specific needs, wants, and interests. Some may be similar to yours. Some may be different. But only by testing in the market will you find the combination of approaches that will maximize your traction with the consumers most likely to be your customers and ultimately lead to the success of your business. Genuine empathy and education will always win their trust — and money — better than any flashy gimmick or overblown explanation ever could.
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