Cleantech & Nano Blog Timely insight on emerging legal and business development

Monthly Archives: July 2010

Nanotech Sensors, NDA’s, and Joint Development Risks (The Case of the “Self-Serving” NDA)

Posted by J. Steven Rutt on Posted in Electronic Devices; General; Nano Biotechnology; Patent

We wanted to review a case which we can call the case of the “self-serving” NDA.  Let me explain:

One critical application of nanotechnology is in sensing, whether used for medical diagnostics or cleantech. For example, the NNI has recently produced a fifty page report on nanotech sensing at www.nano.gov (“Report of the National Nanotechnology Initiative Workshop, May 5-7, 2009”). When a sector of nanotechnology, such as sensing, becomes the subject of patent and/or trade secret litigation, this signals that the market for the technology has arrived.

One recent IP litigation has been focused on commercial products for nanotech sensing for glucose monitoring, and an important decision was just rendered. In reading these developments, lessons can be learned with respect to non-disclosure agreements, patent filings, and joint development. Many companies, of course, need to pursue joint development strategies in the real world, and the risks associated with joint development must be managed wisely.

To Read More about the Case of the Self-Serving NDA:

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Pushing the Nanotech Gas Pedal: Molding the NNI

Posted by J. Steven Rutt on Posted in General

Meetings were held recently in the Washington, DC area to discuss revising the National Nanotechnology Initiative (NNI) strategic plan (July 13-14,  www.nano.gov). President Obama’s Office of Science and Technology Policy is also seeking input on nanotechnology’s future (for example, see presentation from Travis Earles at www.nano.gov).  

In these important discussions, nanotech history should not be forgotten. Moreover, the business at hand must be considered. These points were driven home most forcefully by Intel’s George Thompson who, in his 30 min webcast, encouraged the NNI to push the nanotech gas pedal. Now is NOT the time to take your foot off the gas!  More particularly, after ten years of fundamental nanotech research, more attention should be paid to addressing the infamous “valley of death” which engulfs many nanotechnologies.  Important technology topics like reliability and reproduciblity of specific nanotechnologies cannot be ignored in the drive to just publish more science papers.   

Thompson also notes the centrality and importance of intellectual property.  People have to be willing to share their innovations and overcome difficult collaboration issues which IP can generate.

It was good to see government look to history before deciding how to push into the future. Consider: …

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The Blue Footprint™: Measuring the Critical Impact of Your Water Consumption

Posted by Barry L. Grossman on Posted in Water

A new model for assessing a combined carbon – water – economic footprint was unveiled at the Milwaukee Water Summit held on July 19, 2010 in Milwaukee, Wisconsin. Laurent Auguste, President & CEO of Veolia Water North America presented a fascinating study on “The Blue Footprint”, using a Water Impact Index and a Carbon-Water-Economic Analysis which considers the quality, environmental stress, and volume of water used.

So what is a Blue Footprint™? …

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Rewards and Risks of “Green” Web Conference

Posted by Edouard C. LeFevre on Posted in Cleantech; Licensing

Foley’s Rewards and Risks of “Green” Web Conference Series explores ways for executives in green technology industries to identify and leverage market opportunities while navigating legal and regulatory uncertainties.

Your innovation and IP assets drive your business growth and provide a critical competitive edge. When extracting monetary value from your IP assets — such as licensing efforts — what’s not readily apparent can distract you from realizing profitability and even trap you into complicated disputes. In this series installment, How to Make Your IP Assets Work Double-Duty While Minimizing the Risks of Disputes, we will share first-hand experience from leading industry innovators to address methods for protecting the value of your technology investments via a well-managed licensing program and implementing safeguards from the hindrance of potential litigation disputes.

This discussion will include:

  • R&D: Creating royalty revenue and leveraging IP assets
  • License grants: Enforcement rights versus ramifications
  • Patent infringers: Safeguarding and managing their pursuit
  • Potential litigations: Vital financial and business considerations
  • Licensing parties: Licensing large patent portfolios versus a broad range of technologies

Featured Guest Speaker:

Martin Hanssmann, President of AltaStream Energy Solution Inc.

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U.S. Government: Electric Cars Also Need Advanced Structural Materials. See BMW.

Posted by J. Steven Rutt on Posted in Cleantech

Recent news confirms that electric cars also need innovation in advanced structural materials, particularly carbon fiber. For example, the Economist reports that BMW plans to launch a new plug-in electric car in 2013 including carbon fibers as a core structural material (see July 10, 2010 issue, page 78; see additional reporting).

Carbon fiber comprises small fibers, not quite nanoscale, e.g, seven microns thick, which are processed into yarns and materials which are lighter and stronger than steel. For example, carbon fibers are used in race cars to protect drivers. They can be used in aircraft wings and mountain bikes, etc. Trust us: the defense department has interest in these materials. 

Hence, the U.S. government should continue to promote both fundamental and applied advances in carbon fiber technology and advanced structural materials.

Better nanochemistry and nanomaterials in batteries is critical, as we have stressed.  But ….

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Baseball, Hot Dogs, Apple Pie, and …. Obama’s Batteries

Posted by J. Steven Rutt on Posted in Cleantech

2010 is now more than half over, and cleantech continues to progress at a startling rate during this hot summer.   The Gulf oil spill flow is stopped for now; but there is more.

Last week, for example, President Obama made another visit (his fourth) to a manufacturing facility in Holland, Michigan where electric vehicles and advanced batteries are dreamed of and made. Moreover, the Department of Energy also released last week a report on the massive, billion dollar governmental efforts to promote electric vehicles and advanced batteries. 

Putting battery technology into perspective, also, is a new book, The Battery, How Portable Power Sparked a Technological Revolution, Henry Schlesinger, Harper-Collins, 2010. This is a very readable book, designed for the general reader (although Schlesinger arguably spends too much time detailing how battery technology developed from 1800-1950 compared to explaining the more recent and current developments integral to our lives). 

 

More perspective: …

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$14 Billion Spent on Nanotech: Now the U.S. Government Wants Your Input—by August 15

Posted by J. Steven Rutt on Posted in General

Did you know the federal government has spent $14 billion on nanotech since 2001 via the NNI?  As noted recently by InformationWeek, the government (OSTP) now wants to hear your ideas on how best to push into the future with nanotech. OSTP expresses particular interest in how nanotech can facilitate cleantech, while at the same time we also manage environmental, health, and safety risks associated with nanotech.

In other words, what’s the best way to spend the next $14 billion?!

Submissions are due 11:59 EDT on August 15, 2010.  Send to NNIStrategy@ostp.gov.

Thanks to Foley’s Antoinette Konski for this alert.

See below for more information.

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Catching Up & Cleaning Up: Oil Spills and Nanomaterials

Posted by J. Steven Rutt on Posted in Cleantech

The Washington Post reported this week how the federal government (and the governed private sector) failed to learn enough and take sufficient action following the Exxon Valdez spill twenty years ago.  In particular, official recommendations were made twenty years ago after the Valdez spill to fund research and development to improve oil cleanup following spills.   Cleanup technology had stagnated, it was found twenty years ago, and the government needed to get active on spill cleanup technology.  So what has been done in the subsequent twenty years?  Not enough, according to the Post. 

What was the role of nanotechnology during this time?  During….

 

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Summer Reading on Water Technology, A Few Knowledge Thirst Quenchers

Posted by Barry L. Grossman on Posted in Cleantech; Water

The warm summer months have officially arrived, which means many people are compiling their summer reading lists for the beach, pool, or just sitting at home and enjoying a good book. Quench your thirst for knowledge about water with some of these books, magazines, and articles.

Robert Glennon’s new book Unquenchable: America’s Water Crisis and What To Do About It is an excellent read. He not only discusses the water problems facing us, but he also offers some potential solutions. Why is it that Las Vegas, Nevada, a city built in the dessert, has lush golf courses, fountains, canals, and a seemingly endless ability to find water where none exists? Read the book and find the answer.

No one interested in the topic of water (and no one should not be interested in this critical topic) should miss the April 2010 National Geographic special edition on water. Interesting and informative stories and analysis; useful facts; great pictures; and helpful graphics. Did you know that 100 gallons of water costs $3.43 in Copenhagen; $1.65 in San Diego; and $0.05 in Buenos Aires?

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Cleantech’s Prizes, Heroes, and Now Solar-Powered Airplanes

Posted by J. Steven Rutt on Posted in Cleantech

The news today was good for cleantech: in Switzerland, a solar powered plane heroically piloted by André Borschberg and powered by 12,000 solar cells was flown for more than 24 hours! Borschberg’s team apparently is pushing solar powered airflight as part of a larger push for renewable energy, but not as a short term solution to energy problems.

This startling cleantech good news connected nicely…

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Stimulus Needed? Patent Office Releases New Stats on Green Patent Filing Program

Posted by J. Steven Rutt on Posted in Cleantech; Patent

The PTO continues to execute on its Green Patent Pilot Program, recently releasing statistics in a report dated June 28, 2010. However, this program now more than a half year old appears to continue to suffer from insufficient use and needs further adapting to customer needs, based on these new PTO statistics. With the December deadline quickly approaching, time is running out…

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Nanotechnology Commercialization Update News

Posted by J. Steven Rutt on Posted in General

Nanotechnology commercialization updates are important in view of the large federal government investment in nanotechnology research (both past and on-going investment). Hence, it is important that the government will soon be meeting to update the National Nanotechnology Initiative (NNI) strategic plan. The topics for this meeting include commercialization and technology transfer. The meeting will be held July 13, 14 at the Hotel Palomar in Arlington, Virginia, and input from the public is being requested. See: http://www.nano.gov. Numerous new developments are emerging which should be considered at this meeting for building new strategies.  For example, …..

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