Nanotech Sensors, NDA's, and Joint Development Risks (The Case of the "Self-Serving" NDA)

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. 

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July 29, 2010 Webcast: Rewards and Risks of "Green:" How to Make Your IP Assets Work Double-Duty While Minimizing the Risks of Disputes

Register for July 29, 2010 at 12:00 p.m. Central

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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