Client Successes

Zebra Technologies Accelerates Strategic Growth with Deal to Acquire Matrox Imaging

When Zebra Technologies Corporation, a world leader in designing, manufacturing, and selling innovative software, hardware, and digital solutions, decided to accelerate its strategic growth in machine vision by acquiring the imaging division of Matrox, it turned to Marshall Gerstein to handle the complex IP issues involved in the carve-out acquisition. Executing an interdisciplinary approach, Marshall Gerstein assembled a small team with deep subject matter experience within our IP transactions, electrical engineering patent prosecution, and trademark practice groups to ensure a smooth and successful deal that protected Zebra’s interests, particularly with respect to use of IP assets with applicability across multiple businesses.

Zebra notes that “the acquisition of Matrox Imaging expands the portfolio of machine vision products, software and services Zebra can offer customers to help them thrive in the on-demand economy that is constrained by both labor shortages and limited supply of upstream goods and materials,” according to the company’s press release.

Read Zebra’s press release on this intended acquisition made in part with the counsel of Marshall Gerstein.

Securing FDA Authorization for Innovative ENDS Products

Marshall Gerstein congratulates its client, Glas LLC, in securing multiple authorizations from the U.S. Food and Drug Administration (FDA) to market age-gated electronic nicotine delivery system (ENDS) products through the premarket tobacco product application (PMTA) pathway. The authorizations mark the first time the FDA permitted non-tobacco, non-menthol flavored ENDS products for sale in the United States.

Marshall Gerstein’s team, led by Sandip Patel, Matt Jorge, and Nick Terrell, counseled Glas and prepared and prosecuted several patents directed to the underlying technology that notably differentiated the Glas products from other ENDS products, including those that the FDA has denied marketing orders. The technology requires age verification using government-issued identification, Bluetooth pairing with a verified smartphone, and ongoing authentication measures to ensure use only by authorized adults.

Smoking is the leading preventable source of chronic disease and premature death in the United States. The FDA’s authorization of the Glas products therefore represents a significant milestone in the evolving regulatory framework for ENDS products. “By helping to prevent youth use, device access restrictions are a potential game changer,” said Dr. Bret Koplow, acting director of the FDA’s Center for Tobacco Products. The Glas “technology is also an indication of the role innovation may serve in the effort to protect young people from threats posed by nicotine use and addiction while helping to enable availability of an expanded array of flavored options for adults who smoke who may use these products to completely switch away from regular cigarettes.”

The FDA’s authorization is a significant result for our client. “We are very grateful for Marshall Gerstein’s assistance on this journey and the expertise you have shared to help us in achieving this milestone,” said Kevin Higgins, the Chief Operating Officer at Glas. “It is a fantastic outcome and we were very fortunate to have you all on our team.”

Nicholas K. Terrell, Special Counsel

Zebra Technologies Accelerates Strategic Growth with Deal to Acquire Matrox Imaging

Securing FDA Authorization for Innovative ENDS Products