E COMMISSIONER FOR TRADEMARKS, P.O. BOX I451, ALEXANDRIA
`
`EING DEPOSITED WITH THE UNITED STATES POSTAL SERVICE AS
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`BIOG-EN IDEC INC.
`
`Opposer,
`
`v.
`
`Opposition No. 91,165,803
`
`BIOGENESIS NUTRACEUTICALS, INC.
`
`1
`
`Applicant.
`
`NOTICE OF RELIANCE
`
`Honorable Commissioner for Trademarks
`
`P.O. Box 145]
`
`Alexandria VA 22313-1451
`
`Dear Commissioner:
`
`Pursuant to T.B.M.P. §704.08 and 37 C.F.R. §2.122(e), Opposer hereby gives notice that
`it intends to rely on copies of the following printed publications from newspapers, periodicals
`and journals available to the general public in libraries or of general circulation among members
`of the public or that segment of the public which are relevant to this proceeding to establish that
`the BIOGEN name and mark are well known:
`
`Description ofPublication
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`
`“Commentary: Biotech Stocks: So Sexy - And So Scary,” Business Week
`September 11, 1995. Page 2.
`
`“If A Product 15 Made With Machines, Superior Controls Can Automate
`Entire Production,” New Hampshire Business Review, May 18, 2001. Page
`1.
`
`“Who’s Up/Who’s Down,” Boston Magazine, May 2002. Page 3.
`
`“Credit ‘Where Due,” Barron’s, September 2, 2002. Entire document.
`
`“Agency Of The Year,” Med Ad News, April 2004. Page 3.
`
`'
`
`‘
`
`DMEAST 9527935vl
`
` 1 1-13-2006
`
`us. Patent &TMOfc.'TM Mail Rcpt 01 #53
`
`

`
`6.
`
`7.
`
`“Sourcing Harnesses Entrepreneurial Spirit; Working Within Its Culture,
`Biogen Idec Creates Purchasing Operation That Saves More Than $30
`Million,” Purchasing, June 3, 2004. Entire document.
`
`“The Biotech Name Game: Figuring Out What To Name A Company Can
`Be A Management Team’s First Big Test; Bioscience," San Diego
`Business Journal, July 5, 2004. Page 2.
`
`Respectfully submitted,
`
`Dated: H[’l[ cg
`
`BALLARD SPAHR ANDREWS & INGERSOLL, LLP
`1735 Market Street — 51“ Floor
`
`Philadelphia, PA 19103
`(215) 665-3500
`ATTORNEYS FOR OPPOSER
`
`

`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the attached Notice of
`Reliance filed with US. Trademark Trial and Appeal Board was served on counsel for the
`Applicant at the addresses and on the date listed below via the United States Postal Service as
`First Class Mail, postage pre-paid:
`
`Paul Richard Brown, Esquire
`BERESFORD BOOTH PLLC
`
`145 Third Avenue South, Suite 200
`
`Edmonds, WA 98020
`pau1b@beresfordIaw.com
`
`Lawrence Graham, Esquire
`BLACK LOWE & GRAHAM
`
`701 Fifth Avenue, Suite 4800
`
`Seattle, WA 98104
`graham@blacklaw.com
`
`Dated:
`
`7 ,2006
`
`

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`I
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`.‘
`r.
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`Page 35
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`33 of 37 DOCUMENTS
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`Copyright 1995 McGraw—Hill, Inc.
`Business Week
`
`September 1 1, 1995
`
`SECTION: NEWS; Analysis & Commentary: COMMENTARY; Number 3441; Pg. 44
`
`LENGTH: 735 words
`
`HEADLINE: COMMENTARY: BIOTECH STOCKS: SO SEXY —AND SO SCARY
`
`BYLINE: By Joan O'C. Hamilton; Hamilton tracks biotechnology from San Francisco.
`
`BODY:
`
`For more than a decade now, fortunes have been made riding the huge rallies in biotechnology stocks that have
`routinely followed the industry's periodic dances on the edge of oblivion. Here we go again.
`
`Biotech stocks are up some 40% since late May (chart). The rally began, as have several before it, with a few
`dollops of good news:
`In June, a drug from Cephalon Inc. to fight the neurological disorder ALS (Lou Gehrig's
`disease) showed strong results in late—stage clinical trials, more than doubling Cephalon's market value. Also, Amgen
`Inc.'s muchaballyhooed gene that makes fat mice skinny caught the public's imagination — despite the lack of any
`scientific data showing that it will work in people. Meanwhile, regulators are signaling that they'll make biotech drug
`approvals somewhat easier. ANOTHER FALL? Investors, however, would do well to cast a wary eye on this rebound.
`The science in most companies is extremely exciting — but a long way from making the leap to becoming consistent,
`product—spawning technology. Plus, the industry is still a bloated mess. The hundreds of biotech companies in the
`U.S. will need far too much capital for most to survive long—term.
`
`in short, biotech is inevitably headed for another fall. It's just a question of when. Since the public—capital spigot
`ran dry in 1993, only a couple of dozen or so outfits have folded, merged, or been acquired. A few large players have
`placed some big bets —— such as Glaxo Holdings PLC's $533 million purchase of Affymax Research Institute. But most
`big drug makers haven't gone on the shopping spree that biotech investors and companies were anticipating. Worse,
`lots of new companies are entering the market. "This is not a rally the value players are generating," notes Matthew
`M. Geller, an analyst at Oppenheimer & Co.
`
`In fact, investing pros agree that the rise in share prices is being fueled largely by momentum investors who focus
`on fast-growing sectors of the market. They fear they have topped out in high—tech stocks and are cycling money into
`a sector they perceive as having big-retum potential. Many old biotech hands can barely hide their cynicism: "Fresh
`meat," chortles one venture capitalist about the new players —— quickly adding: "Oh, God, don't quote me on that."
`
`The market's on-again, off-again passion for biotech is understandable: As Amgen has proven, a couple of home-
`run drugs can be a license to print money. Unfortunately, the harsh reality is that the vast majority of seemingly great
`ideas fail. Diseases that have proven truly intractable, such as cancer, are terribly complex. They defy magic—bullet
`cures — making home runs few and far between.
`
`For a big drug Company with lots of cash and resources, succeeding with 1 out of 10 drugs tested on people
`is good enough. But in the biotech arena, venture capitalists and entrepreneurs typically exploit overheated capital
`markets and turn 10 ideas for drugs into 10 separate companies. Each one faces nearly impossible odds.
`
`One sure sign the bull run may be ending is the dozen or so startups that have launched initial public offerings.
`"That's going to hurt the rally," predicts Fidelity Select Biotechnology Fund manager Karen Firestone. "You don't
`need more companies, and you don't need them competing with existing companies for funds." "NEWS FLOW."
`Time to sell? Maybe not immediately. Cynicism isn't keeping analysts and fund managers from promoting their
`favorite stocks. Protein Design Labs Inc. and Cor Therapeutics Inc. have loyal institutional fans promoting them as
`"comeback" stocks after bad news earlier this year sent those stocks reeling. The newly public Sequana is considered
`
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`COMMENTARY: BIOTECH STOCKS: SO SEXY —- AND SO SCARY Business Week Septe
`
`Page 36
`
`sexy because it's working in the hot field of DNA analysis. Even blue—ribbon names such as Amgen, Chiron, and
`Biogen are trading at high multiples but could go higher, because they have broad product portfolios.
`
`Remarkably, many analysts rely more on "news flow" than cash flow in their forecasts. Their rationale: Within
`a few weeks, Genzyme Corp. and Chiron will release word on how some key trials are going. If there is even
`incrementally positive news, it's likely to buoy the Confidence of rookie investors who are pouring money into biotech.
`
`Maybe. But if history is a guide, it's only a matter of time before a few high-profile flops will burst the biotech
`balloon. So, investor beware.
`
`URL: http://www.businessweek.c0rn/index.htrnl
`
`GRAPHIC:
`
`Illustration: Chart: Biotech's Rise CHART BY ERIC HOFFMANNIBW
`
`LOAD—DATE: September 07, 1995
`
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`23 of 37 DOCUMENTS
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`Copyright 2001 Bell & Howell Information and Learning
`Business Dateline
`
`Copyright 2001 Business Publications Inc.
`New Hampshire Business Review
`
`May 18, 2001
`
`SECTION: Vol.23, No. 10; Pg. 33; ISSN: 01648152
`
`B&H-ACC—NO: 73249190
`
`DOC—REF-N0: NHBR—2105—5
`
`LENGTH: 1260 words
`
`HEADLINE: If a product is made with machines, Superior Controls can automate entire production
`
`BODY:
`
`While the big companies often hog the headlines, New Hampshire's economy is often driven by smaller
`entrepreneurial companies that are highly successful, and in their specific fields, well known around the world.
`
`Superior Controls Inc. of Newton Road, Plaistow, could be the poster child for this class of small, energetic and
`creative companies. What they do is specialize in helping manufacturers design and implement industrial automation
`and information systems. The owners are Mark LaRoche, 39, a UNH mechanical engineer graduate with an MBA
`from New Hampshire College, and Rick Pierro, 42, a Boston University chemistry graduate with a master's degree in
`chemical engineering from UMass Lowell.
`
`The best way to describe what Superior does is to quote a recent article in the company's newsletter, "The Superior
`Controller," on the company's recent effort for Polaroid.
`
`"Superior Control's engineers recently finished a major machine automation project which will allow the Polaroid
`Corporation to continuously manufacture flat six—volt camera batteries. This fast track project was successfully
`completed in less than six months.
`
`"The new control system involved 91 synchronous drives and more than 2,000 machine sensors and actuators
`(1/O), all of which are automatically monitored and adjusted 200 times per second."
`
`In a nutshell, if a product is made with machines, Superior can design and implement systems that will do the work
`automatically — as well as design the computer—based information and control system to run the entire production.
`Superior must be, well, superior at this kind of thing. Their "road warrior" engineers are currently working in locations
`around the U.S. and overseas, including sites, in England, Germany and Malaysia. In addition to Polaroid, some big
`name clients include Biogen, Pfizer, Genetics Institute, Genzyme, Ocean Spray. Friendly's and Gillette. Those are the
`clients that Superior can disclose.
`
`"We can't list all of our clients. Often times they do not want our work for them made publicly available," said
`Pierro.
`
`The company employs 27 people full time, 20 of them engineers. Depending upon client need, the company will
`supplement staff from a pool of specialists. Currently three such specialists work full time for Superior, said LaRoche.
`
`"For our business, we have probably the highest ratio of engineers to support staff," said Pierro.
`
`While Superior is representative of the type of high—skill, high—tech firm southern New Hampshire has come to
`rely on (a shed at one end of the company parking lot is actually in Haverhill, Mass.), its development history is a case
`study of what it takes to succeed.
`
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`If a product is made with machines, Superior Controls can automate entir
`
`Like the automated control systems Superior is now known for, the company's design and development has the
`"made by engineers" stamp all over. Pierro and LaRoche both worked for a systems control type of company and have
`known each other since 1984. Pierro was in sales and LaRoche put together proposals. They decided they could do the
`work even better and designed a five—year business plan. Their sense of ethics made them build a plan that did not
`include contacts from their previous employer.
`
`"Whew, that made it tougher. It proved to be painful," admitted LaRoche. "But our ethics told us we would not
`take those clients."
`
`They went out on their own in March 1993, when the country was deep in a real—estate speculation recession.
`"Even though it was in the middle of the recession,
`it turned out to be a great time actually. Rents were low our
`first offices were in a building that had been sold at auction. We did anything to minimize expenses so we had to do
`everything. We worked seven days a week our first year, taking off only Thanksgiving and Christmas," said Pierro,
`we had to do everything. We worked seven days a week our first year, taking off only Thanksgiving and Christmas,"
`said Pierro.
`
`This dedication paid off and their first job was for a Nashua plant owned by the chemical company W.R. Grace.
`From there forward, Pierro and LaRoche began to develop a reputation for thoroughness, for attention to detail and
`excellent documentation work. And it was this reputation that led the company inevitably to the most challenging, but
`often most well—heeled industry groups; pharmaceuticals and biotechs, chemical, petroleum and food all industries
`whose products have to be made under the most demanding and precise procedures.
`
`In the pharmaceutical industry, for example, the FDA needs extensive documentation — something called "validated"
`systems. "Every single step in a process needs a detailed acceptance test and a signature," explained Pierro.
`
`These kinds of clients will send their own engineers to Superior for weeks at a time so that they get "a full
`understanding of the system," said LaRoche. This kind of detail went into their business plan too. "It's almost scary
`how close we were to our projected revenues. It was almost a case of ‘if you see it, it will happen."‘
`
`Since its inception, Superior has grown revenues, at a 50 percent per year clip, Pierro and LaRoche‘s latest version
`of the next five years has growth as a percentage of revenue slowing to about 25 percent annually.
`
`"The growth is still as great," said Pierro. "The main challenge we face now is how to keep these high growth
`rates while maintaining our quality and control destiny." Like good engineers everywhere, Pierro and LaRoche bring
`a sense of control to their business destiny.
`
`"We didn't try to be built vertically. We maintain focus on our specialties and work out from there," said Pierro.
`
`This focus and the reputation that followed allowed Superior to grow from referrals. "After a couple of our first
`projects, what began to happen was we started getting calls," said LaRoche.
`
`in many instances, Superior has become "an extension of our client's internal engineering department," said Pierro.
`"For many of our clients, Superior has become the only systems integrator they will hire."
`
`The company has added on services, but all along it has maintained independence from suppliers. "We now can act
`as a general contractor overseeing basically a turnkey project that includes all the electrical and mechanical installation.
`But we don't sell anything. Clients trust us. in part, because they know we have no other agendas," Pierro said.
`
`But hiring the right talent may be the real key to success, the partners believe. Here too, there's that engineer/detail
`thing.
`
`"The biggest reason for our success is the quality of people we hire," said Pierro. "We are very thorough in
`researching talent and we work real hard to make sure that this is a fun place to work — to make certain our employees
`know they are appreciated."
`
`They take staff out to dinner every six weeks or so for socialization outside the office. They host employees to
`white water rafting on the Dead River in Maine. And of course, there are the annual picnics for employees and their
`families, as well as annual commitments to charity efforts such as the Healthsource SK Road Race in Manchester.
`
`'‘I like to help the school, of course, it's where I graduated. But 1
`Pierro volunteers on projects for UMass/Lowell.
`also get a benefit, I get to know the students who will become the engineers of the future." A nice detail.
`
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`If a product is made with machines, Superior Controls can automate entir
`
`So if you're a good chemical, electrical, mechanical or industrial engineer, if you understand CAD design or can
`write software circles around everyone else, you might contact Superior Controls. Not a big company — at least not
`yet — but a successful one.
`
`LOAD-DATE: June 7, 2001
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`Page 13
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`19 of 37 DOCUMENTS
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`Copyright 2002 Metro Corp. All Rights Reserved
`Boston Magazine
`
`May, 2002
`
`SECTION: THE MONEY ISSUE
`
`LENGTH: 9657 words
`
`HEADLINE: Who's Up/Who's Down
`
`BYLINE: Greg Lalas
`
`BODY:
`
`Two years ago, if you weren't a millionaire, or a billionaire even, you were nobody. But money is only a number
`on a computer screen, and as easily as it's made, it's lost. Now, near the end of the recession and in the middle of a
`war, the focus in Massachusetts has shifted again—to old—school businesses and resurgent biotechs. Oh, and to Bob
`Kraft.
`
`NORMALLY, THIS ANNUAL LIST IS DEVOTED TO THE WEALTHY AND THE ELITE. But these are not
`normal times. The recession and the war on terrorism have sobered the bullish mood that so recently greeted the
`new millennium. The fact that Sumner Redstone‘s fortune is reportedly $8.1 billion or that Beacon Hill's Amos Barr
`Hostetter Jr. has dropped a couple hundred mil seems unimportant. Because over the two years since the recession-
`mild as it may be——began, thousands of Massachusetts residents have lost their jobs and billions of dollars have
`disappeared in the stock market. * So now that the economy is beginning to stir again, we decided to look at how
`local business leaders have fared—who navigated their companies through the rough waters, who's gone down with the
`ship. Putting together this sort of list is never scientific. There will be arguments. But from clothing to construction,
`biotech to football, the businesses run by these players are a cross section of the local economy. Who knows: Maybe
`next year things will return to normal and one of these men or women will show up on our list as the wealthiest person
`in Boston.
`
`[Who's Up]
`
`1 R
`
`obert Kraft
`
`58, FOUNDER AND CHAIRMAN, THE KRAFT GROUP
`
`Lesson One on reversing public opinion: Win the Super Bowl. Whatever hard feelings lingered over the Patriots‘
`stadium brouhaha have gone the way of Foxboro Stadium itself. Now the team that cost Kraft $200 million in 1994
`is worth at least $524 million and rising, and his $375 million CMGI Field comes with all the fixings. Off the field,
`Kraft's paper companies have held steady—even Israel—based Carmel Container. And he and wife Myra have continued
`their philanthropy, which included an $11.5 million gift to Columbia University.
`
`2 E
`
`dmond "Ted" English
`
`48, PRESIDENT AND CEO, TI-IE TJX COMPANIES, FRAMINGI-IAM
`
`September ll likely affected no local company as it did TJX, parent of retailers T.J. Maxx and Marshalls. Seven
`TJX employees died on American Flight ll. Immediately, English showed why he was named CEO in 2000: He
`brought in counselors and chartered a plane to carry stranded employees home to their families. Six months later, he
`proved his worth again when TJX reported profits of $500 million. Meanwhile, the company's stock price has nearly
`doubled since English took over.
`
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`Who's Up/Who's Down Boston Magazine May, 2002
`
`Page 14
`
`3 L
`
`inda Mason
`
`46, CHAIRMAN, BRIGHT HORIZONS FAMILY SOLUTIONS, WATERTOWN
`
`Roger Brown
`
`44, EXECUTIVE CHAIRMAN.
`
`BRIGHT HORIZONS FAMILY SOLUTIONS, WATERTOWN
`
`Husband—and—-wife-team Mason and Brown have done everything together—worked with famine and war victims
`in Sudan and with Cambodian refugees, founded the Horizons Initiative to help homeless mothers and children in
`Boston, raised a family. But with Bright Horizons they've done the seemingly impossible:
`turn a profit while being
`socially responsible. The childcare and education provider reported profits of $11.5 million last year. It increased its
`staff by 20 percent, and the stock price has nearly doubled since May 2000. Mason's new book, The Working Mother's
`Guide to Life, comes out in September.
`
`4 S
`
`alvatore Balsamo
`
`69, CEO, TAC WORLDWIDE COMPANIES, DEDHAM
`
`The largest temporary-employment firm based in Massachusetts, TAC saw a few layoffs last year, but the privately
`held company founded by Balsamo in 1969 still managed to rake in a reported $850 million in sales. Now, with the
`economy rebounding, TAC has new offices, a new initiative to recruit minorities, and history on its side: Emerging
`from the last recession, the staffing industry grew at 10 times the overall employment rate. Perhaps the best signal
`that Balsamo is on top came in January, when the city of Newton approved his $250,000 donation toward building the
`Salvatore A. Balsamo Millennium Park.
`
`5 J
`
`ames Kilts
`
`53, CEO, GILLETTE, BOSTON
`
`When he was hired last year, turnaround specialist Kilts was just what was needed at "World Shaving Headquarters"
`following a long period of decline. So far, so good. One of his first moves was more symbolic than anything: He
`stopped talking up his company's stock to Wall Street. Since then, the share price. which once peaked at $64.38, has
`actually climbed from around $28 to $34. About 10 percent of Gillette's workforce was laid off in Kilts's first year, but
`the company reported a $200 million profit in the fourth quarter. And after a period of losing market share, Gillette-
`owned Duracell is again beating up that damn bunny.
`
`6 J
`
`ames "Jim" Davis
`
`49, CHAIRMAN AND CEO, NEW BALANCE ATHLETIC SHOE, BRIGHTON
`
`In the 21 years since Davis bought it for a measly $100,000, New Balance has become the world's fourth-largest
`athletic footwear company, with around $1 billion in sales. It moved into its Pike—-side headquarters in 1999. But Davis
`has made sure New Balance is about more than just numbers. Unlike his competitors, Davis maintains U.S. factories,
`allowing New Balance to stitch "Made in USA" on some of its shoes. The company pledged $i million to the Twin
`Towers Fund and, in March, announced that it was donating 28,500 pairs of shoes to a program for Afghan girls.
`
`7 M
`
`ichael Glazer
`
`52, PRESIDENT AND CEO, KB TOYS, PITTSFIELD
`
`Kids will be kids, even when they're running a $2 billion company: Glazer likes to take out his stress on a race—car
`arcade game he keeps in his office. KB Toys has been racing along since a Bain Capital—backed management buyout
`
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`Who's Up/Who's Down Boston Magazine May, 2002
`
`Page 15
`
`in December 2000. Started in 1922 as the Kaufman Brothers candy company, KB now has more than 1,300 stores and
`6 percent of the $30 billion U.S. toy market. Glazer is pushing KB into alternative spaces—name1y, partnerships with
`Sears and the Safeway supermarket chain.
`
`8 L
`
`ily H. Bentas
`
`62, CHAIRMAN, PRESIDENT, AND CEO, CUMBERLAND FARMS, CANTON
`
`It's been a decade since Bentas took over following the Cumberland Farms bankruptcy, and the family-owned
`company, which began with one dairy cow, has come a long way. It's now one of the nation's largest convenience-store
`chains with more than 1,000 outlets along the Eastern Seaboard and a majority stake in local petroleum—storage firm
`Gulf Oil L.P. It has sales upwards of $1.5 billion, which puts Bentas at the top of a Bahson College list of the state's
`most successful women—led businesses. And the squabbles between Bentas and her brothers George and Demetrios
`Haseotes were finally settled in court. Bentas won.
`
`9 G
`
`ordon Lankton
`
`71, PRESIDENT AND CEO, NYPRO lNC., CLINTON
`
`Lankton is what Dustin Hoffman's character in The Graduate rnight've been if he had taken that famous advice: a
`plastics legend. His injection—molding company makes plastic parts for products ranging from seat belts to cell phones
`and has 26 plants in 12 countries. Nypro has posted 16 consecutive years of profits, including $31.7 million last year.
`Lankton, who sold Nypro to his employees in 1999, is in the Plastics Hall of Fame (yes, there is one) and was named
`2001 New England Master Entrepreneur of the Year by Ernst & Young.
`
`10
`
`James Mullen
`
`44, PRESIDENT AND CEO, BIOGEN, CAMBRIDGE
`
`Thus goes the volatile biotech sector: Biogen's stock price fell in March on news that a Swiss company had received
`FDA approval for a rival to its multiple sclerosis drug, Avonex, which boasts $1 billion in annual sales; of course,
`the shares had just jumped on news that Avonex was nearing approval in Europe. But Biogen has mostly held its own
`lately, posting a $272 million profit last year and a steady $45—$ 55 stock price. Its potential blockbuster psoriasis
`drug, Amevive, goes to the FDA this month. Along the way, Mullen earned $8.7 million in fiscal 2000 alone, and the
`company has set up a $1.1 million scholarship fund for children whose parents died September 11.
`I I
`
`Kenan Sahin
`
`60, FOUNDER, KENAN SYSTEMS CORPORATION, CAMBRIDGE
`
`to Lucent
`In early 1999, the "Bill Gates of Turkey" sold his Cambridge software company, Kenan Systems,
`Technologies for $1.48 billion in stock and stayed on to guide Lucent‘s software group. Twenty months later, he left.
`Since then, Lucent has collapsed, its stock falling from around $75 to $5; in December it resold the former Kenan
`group for $300 million. Last fall the courts ruled in Sahin's favor against his ex-wife's petition for more money from
`the Kenan megadeal (she got more than $1 million in their 1996 divorce settlement). Now, Sahin can relax and monitor
`his $100 million pledge to his alma mater, MIT.
`
`12
`
`Bob Davis
`
`45, PARTNER, HIGHLAND CAPITAL PARTNERS, LEXINGTON
`
`Ask Davis if he thinks e-business is still viable, and you'll probably get a quick lesson on how to become a
`cybemiillionaire. Or he might just hand you his bestselling memoir, Speed is Life, which explains how he did it.
`Davis stepped down as CEO of TerraLycos last year, just one year after the $5.4 billion Lycos merger that made him
`
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`Who's Up/Who's Down Boston Magazine May, 2002
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`Page 16
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`rich. Since then, he's been solving other people's financing problems: In February, he led Highland's $10.7 million
`funding of Burlington—based Performix, his first major foray into the VC thing.
`
`13
`
`Edward G. Watkins III
`
`65, FORMER OWNER, SIMPLEX TIME RECORDER, GARDNER
`
`The Watkins family has always known that time is money. From 1894, when Watl<ins's grandfather patented the
`"Simplex" time clock, until the 1980s, Simplex held a virtual monopoly. After punching in at the helm in 1967,
`Watkins 111 diversified into fire alarms and security systems. He also went to work as a philanthropist, giving some of
`his estimated $900 million to local hospitals and sitting on the boards of various charities. In January 2000, just before
`the economic slowdown, he sold Simplex for $1.2 billion to Tyco International, which sold a portion of it to Kronos
`two years later.
`14
`
`Mark Am
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`58, CHAIRMAN AND CEO, KRONOS, CHELMSFORD
`
`If timing is everything, then Airi‘s was perfect when in 1977 he founded Kronos, the world's leading frontline
`labor—management company. Just as microprocessors were coming of age, Ain developed a timeclock that automated
`timekeeping. Now, Kronos can boast of more than 50 percent market share, 88 consecutive quarters of revenue
`growth—$ 300 million last year—and 59 consecutive profitable quarters. It recently acquired the integrated software
`division of its former rival SimplexGrinnell, a unit of struggling Tyco International.
`
`15
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`Gordon R. Cooke
`
`55, CHAIRMAN, PRESIDENT, AND CEO, J. JILL GROUP, QUINCY
`
`When the business world got dotcom funky, women's clothing retailer J. Jill thought it might try that, too. The
`shift to "edgy urban" bombed: The stock price fell almost 75 percent, below $4, and losses piled on. So Cooke
`refocused on the basics: casual clothes for "active, affluent women age 35 to 55." Now, the dotcorns are gone, and J.
`Jill is thriving. The 15-year-old company posted a record $13.1 million in profits last year, added 29 more stores, and
`watched its stock climb back into the $205. For his efforts, Cooke received $1.5 million in 2001 and has already sold
`stock worth more than $10 million so far this year.
`16
`
`Arnold Zetcher
`
`60, CHAIRMAN, PRESIDENT, AND CEO, TALBOTS, HINGHAM
`
`It's hard to imagine Zetcher could beat 2000, when women's and children's retailer Talbots earned $115 million
`and he raked in an estimated $62.5 million, which got him pegged as the nation's most—overpaid CEO. But last year,
`amid the down economy, Zetcher backed it up: Talbots’ profits grew by 10 percent to $127 million; 82 new stores
`were opened; and there are plans for men's stores. Zetcher also re—ceived the National Retail Federation's Gold Medal
`Award. And last summer his racehorse, Gabriellina Giof, won its American debut.
`
`I7
`
`Joarma T. Lau
`
`42, FOUNDER, LAU TECHNOLOGIES AND VIISAGE TECHNOLOGY, LITTLETON
`
`In the mid '90s, Lau received industry recognition for turning her money—losing defense—system developer into
`a $50 million security services operation. Following September 11, Lau Technologies subsidiary Viisage's own
`advancements in rec0gnition—bi0metrics, to be precise—put Lau back in the spotlight. Last November, she testified
`before a Senate subcommittee about face-recognition technology. ln December, Lau Tech sold two units for $41
`million. Then, in January, Viisage—whose stock has quadrupled since September—turned around and bought its parent
`
`6"‘ LexisNexis""
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`LexisNexis"
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`LexisNexis"*
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`I
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`l
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`Who's Up/Who's Down Boston Magazine May, 2002
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`Page 17
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`company in a deal worth up to $27.5 million.
`18
`
`John Kaneb
`
`66, CEO, GULF OIL L.P., CHELSEA
`
`Gary Kaneb
`
`40, PRESIDENT, GULF OIL L.P., CHELSEA
`
`First energy—friendly Dubya won (helped by the more than $500,000 John Kaneb has reportedly contributed to the
`GOP). Then John, who was already a limited partner, upped his stake in the Red Sox. And finally, after three flat years,
`petroleum wholesaler Gulf Oil's revenues rose to nearly $2 billion in 2001. Gulf now sells gas to 1,800 independently
`owned stations. The cream also rose at another Kaneb company, local dairy HP Hood, which saw revenues increase to
`$700 million. Blame those baby boomers again.
`
`19
`
`David F. D'Alessandro
`
`50, CHAIRMAN, PRESIDENT, AND CEO, JOHN HANCOCK FINANCIAL SERVICES, BOSTON
`
`D'Alessandro isn't afraid to put his money where his mouth is. In addition to raising $1.7 billion with Hancock's
`IPO in 2000, he has championed affordable housing; challenged the International Olympic Committee; and, in March,
`called for Cardinal Bernard Law's resignation. The public listens because Hancock continues to show well, with
`$611.5 million in profits last year; a stock price around $38, up from $17; and rumors of a sale. All that outspokenness
`hasn't hurt D'Alessandro's paycheck, which was $8.1 million last year.
`
`20
`
`Robert Band
`
`53, PRESIDENT AND COO, PERINI CORPORATION, FRAMINGHAM
`
`If you're the gambling type, Band is your lucky charm. Aside from doing $378 miilion of Big Dig work, general
`contractor Perini, through its subsidiary Perini Building, has constructed several casinos in Las Vegas and has an $870
`million contract to expand the Mohegan Sun complex. Last year saw a 40 percent increase in revenue, to $1.55 billion,
`and $26.4 million in net income. Perini‘s stock has doubled in the last two years, and its workforce has grown nearly
`40 percent.
`
`21
`
`Kennett F. Burnes
`
`58, CHAIRMAN, PRESIDENT, AND CEO, CABOT CORPORATION, BOSTON
`
`For Burnes, it's all about chemistry. Cabot, which produces chemicals such as carbon black, has defied the stock
`market's downward trend. Its share price has tripled over the last two years. In 2000, the company successfully spun
`off Cabot Microelectronics, and in February it acquired Japan's Showa Cabot Superrnetals for $100 million. Profits
`hit $38 million last year, earning $4.3 million for Burnes, who took over in March 2001.
`
`22
`
`Lelio "Les" Marino
`
`65, CEO, MODERN CONTINENTAL, CAMBRIDGE
`
`Commuters may complain about the Big Dig, but the recession hasn't slowed the digging; in January, the project's
`favorite construction company, with more than $2 billion in contracts, won the final contract, $179.4 million to
`connect the Pike and the Expressway. And it has already prepared for what comes next, opening branch offices in New
`York and Los Angeles. Even though Modern took a hit on its mostly vacant office tower at 470 Atlantic Avenue, last
`October it won a $10.9 million contract for renovations to the Pentagon.
`
`,
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`é"'LexisNexis"
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`é'"LexisNexis"
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`é"'LexisNexis"
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`

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`Who's Up/Who's Down Boston Magazine May, 2002
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`Page 18
`
`23
`
`Ray Stata
`
`67, CHAIRMAN AND COFOUNDER, ANALOG DEVICES, NORWOOD
`
`Jerald Fishman
`
`56, PRESIDENT AND CEO, ANALOG DEVICES, NORWOOD
`
`Even with the semiconductor industry in the soup, Stata and Fishman can spoon up profits. Granted, those profits
`were down 73 percent last year, but the stock price has climbed into the $405 after bottoming out at $29 in September.
`Anal0g's assets actually rose and its market cap jumped 11.4 percent to nearly $16 billion. Fidelity Investments likes
`Analog enough that it nearly doubled its stake to 10.2 percent. And next year MIT will open the Frank Gehry—designed