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McGovern Capital is the founder
/ key shareholder of several companies, including six which are the worldwide leaders in
their respective industries.
McGovern
& Associates:
Sole owner of law firm engaging approximately 8 lawyers with
extensive experience in corporate law, intellectual property, international law, securities,
taxes, strategic alliances and venture capital. McGovern & Associates has
clients throughout
U.S. and several foreign countries.
 McGovern
Capital LLC, which
originates, structures and implements capital formation, joint
ventures and business alliances. McGovern Capital invests early stage capital and
provides facilitative (legal, accounting, tax, securities, etc.)
services to its investment companies, which are primarily companies
commercializing proprietary technologies.
 SoBe Beverages: One of three founders of this
"New Age" beverage company which was founded in 1995.
Currently, SoBe is distributed in all 50 states through over 400
distributors and is considered the fastest growing company ever in its category.
At this time, the company is #1 in the Nutraceuticals food and beverage
category and #2 to Snapple in the "New Age" category. The
Company was sold to Pepsi Co. in 2001 for $370 MM.
TriStrata/NeoStrata (cosmetics): Rights-holder in the
company owned by the two inventors and holders of the worldwide patents
for Alpha Hydroxy Acids ("AHA's")
for use in skin care
(glycolic acid and others which
treat wrinkles, acne, etc.). NeoStrata is also the largest seller of AHA's
to the ethical (dermatologists and plastic surgeons) community worldwide
with distribution in approximately 41 countries.
McGovern & Associates law firm also
is in charge of their licensing and patent enforcement program worldwide;
Johnson & Johnson, Avon, Unilever, Chanel, L'Oreal,
Beiersdorf and Ponds are just some of the companies that license its
technology. It is estimated that 200 companies in U.S. are infringing the
company's patents. The market for AHA's has grown since 1993 from $30
million to approximately $1.5 billion in the U.S. alone. A substantial
part of this market is covered by the company's patents.
In November 2003, McGovern & Associates litigated successfully
on behalf of TriStrata Technology, Inc., which won its patent
infringement suit against Valeant Pharmaceuticals International,
formerly ICN Pharmaceuticals, when the jury in the United States
District Court in Wilmington, Delaware found that seven claims
of the two patents at issue were willfully infringed. Click
here for an announcement of the verdict:
Press Release.
On April 12, 2004, the United States
District Court rejected Valeant’s motion seeking to overturn the jury
verdict and for a new trial. The Court also issued a permanent
injunction prohibiting Valeant from the manufacture, sale and marketing
of products covered by the infringed patents, effectively removing
Valeant from the marketplace for such products. Click here for the
Press Release.
 KX Industries
(water filters):
McGovern
Capital is one of three owners of the largest manufacturer and
worldwide seller of carbon filters for air and water purification.
KXI has over 40 issued patents and created and supplied the initial
“end of tap” filters for both P&G/PUR and Clorox/Brita
(currently a $190 million market). In 1996, KXI invented and supplied the
first refrigerator water filters, which currently is a $200 million
market.
KXI has developed a revolutionary nanotech
microbiological water filter (MB) that incorporates anti-bacterial
and anti-viral agents into its structure. The MB technology is
patented and is the basis for a full range of water filter products
that effectively produce sterile, chemically-purified water from
virtually any water source (e.g. river water in Africa). Further, the
nanotech MB is nationally certified to U.S. EPA and California
Department of Health Services standards.
MB’s effectiveness and low cost
permit a full range of products to be manufactured, supplied and
suitable to both the developed world and the developing countries
markets. This ground-breaking technology is expected to
significantly reduce water-borne diseases (WBD), which claim
approximately 2.2 million deaths in the world annually. WBD also cause
about 4 billion cases of GI disease each year with annual direct
economic losses estimated by the United Nations to exceed $70 billion.McGovern Capital is working with KXI to penetrate the $2.5 billion worldwide retail water filter
market.
 Aquea
Scientific (Patent-pending
platform technology for delivering cosmeceuticals via everyday soap and
shampoo). Part owner and coordinator of IP Strategy for Aquea
Scientific. Aquea's Aqueous Delivery System (ADS) delivers ingredients
that were once thought impossible to combine with soap without
compromising efficacy. The company's flagship product, Aquea SPFTM
affords soap manufacturers and brand marketers the ability to enhance
their soap products (including bar soap, body wash and shampoo) with UVA
and UVB protection, and various other additives.
VLIW Technologies LLC (VLIW Microprocessor Architecture): Part owner and coordinator
of the worldwide
patent enforcement program for VLIW Technologies LLC, a company
which owns the exclusive worldwide rights to license a suite
of very long instruction word (VLIW) patents for use in microprocessors
and software compilers. We are counsel to VLIW Technologies in its lawsuit against Hewlett-Packard and ST Microelectronics to enforce VLIW's intellectual property relating to
copyrighted compiler technology which is critical to the use of the VLIW paradigm.
On December 19, 2003, the Delaware Supreme Court reinstated VLIW
Technology’s breach of contract and trade secrets suit against
Hewlett-Packard and STM.
Press Release.
Optigenex Inc.: McGovern
Capital is part owner of Optigenex, a dietary supplements company
that develops products designed to improve immune function, increase DNA
repair and decrease DNA damage. As individuals age, our bodies and DNA
interact with environmental matter that can damage our DNA. Optigenex’s
focus on DNA involves repairing and protecting the genetic code as a means
of controlling how we look and how we feel as we age chronogically.
McGovern Capital provides facilitative services, including legal
counsel, licensing strategy and intellectual property consulting, as
we work with Optigenex to ensure that “growing older does not have to
mean feeling older.”
 Angstrom Publishing LLC. Angstrom has entered into a joint publication
agreement with Forbes
to produce a monthly newsletter on Nanotechnology for worldwide
distribution, entitled The Forbes/Wolfe Nanotech Report, which is the
fastest growing newsletter in Forbes' history.
GGC (retail/fashion):
Mr. McGovern and his partner, Robert Grayson, own this company.
Mr. Grayson was Les Wexner's key partner in building The Limited
($8 billion) conglomerate, was the CEO of The Limited, and more
recently was Vice Chairman of Tommy Hilfiger. GGC owns interests
in approximately ten (10) marketing / apparel related companies.
Perimeter In ternetworking
is a managed service provider (MSP), hosting networking and
security solutions for mid-sized enterprises with high data availability
requirements. Its bundled service offering includes wide area network
connectivity and management, high-speed Internet access, and 24/7 managed
firewall, e-mail, VPN, calendaring and voice-over IP. Its outsourced
solution includes best-of-breed technology, like Checkpoint, Cisco, Trend
Micro and TruSecure, which the company has engaged to perform third party intrusion
testing.
Counsel Press (legal businesses): Part owner
in the largest appellate services company in the U.S. Counsel Press
advises, prints and assembles appeal briefs and provides litigation
support for court systems in the Northeast and the U.S. Supreme
Court.
Wealthtracking is a
financial data processing company providing continuous scanning for
investment portfolios. Companies using its technologies instantaneously
and continuously detect when undesired trends develop in securities and
financial portfolios and when financial accounts and portfolios are not
performing as planned, all against customized client-based parameters,
enabling them to be the “First to Know.”
Foreign Joint Ventures: Principal in several joint ventures in China
(Shanghai), Philippines, Thailand and Indonesia involved in skin care,
apparel, internet and sports equipment products.
Other Interests: Minority interests in various other entrepreneurial
enterprises.
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