Nano & Cleantech Blog : Nanotechnology Lawyers & Attorneys : Foley & Lardner Law Firm : Clean Technology, Green Energy

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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Big news emerged last week about one more step taken from the scientific laboratories toward the concept of artificial life.

First, before more comments on that news, some context: nanotechnology relates to revolutionary control of matter at the nanoscale. This mission encompasses biological matter, which provides a connection between nanotechnology and other fields such as synthetic biology and biotechnology generally. We often see the terms “nanobio” or “nanomedicine” as further capturing these interdisciplinary themes. Controlling matter on the nanoscale means also controlling life forms and at least theoretically making new life forms. One can argue that creating new life forms is still science fiction. OK, granted, but keep reading.

In that context, nanotechnology and synthetic biology made national, world news last week when the group led by Craig Venter (J. Craig Venter Insitute, JCVI) published a paper in Science on what some have said is the creation of the world’s first self-replicating, synthetic cell. The abstract for the paper is included at the end. The JCVI press release is here.

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Nanobio innovations offer some of the more promising opportunities for the development of medical imaging and diagnostic tools.  According to U.S. Patent Application Publication No. 2009/0324706, assigned on its face to Northwestern University, gold-nanoparticles can be used to direct the synthesis of structures on which lippid bilayers may be supported.  Because the lippid structures sequester cholesterol, the structures can be imaged in localized regions within a blood vessel where plaque may be present.

AuraSense LLC, a Northwestern University start-up founded by Chad Mirkin (listed as an inventor in the 2009/0324706 publication), has recently received a $2.5 million investment to commercialize its cholesterol sequestering technology that can be used to image cholesterol hot-spots. Such an investment in a university start-up may be seen as evidence that investment rounds are proceeding after a dismal 2009.  Indeed, more investments like these will help keep American innovation primed with job growth and exciting new nanotech- and nanobio-based products.

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Many can appreciate the valuable information that can be obtained by manipulating biological cells, e.g., inserting a foreign molecule, such as a gene, protein, or peptide, and then study the cell's response to the molecule. However, many can also recognize how difficult it is to insert a molecule into a biological cell. 

As described in a recent article in The Technology Review, Needling Molecules: A simple method may solve the problem of getting stuff into cells, in fact, it can be like breaking into a fortress because it often relies on biological tricks such as infecting a cell with a virus or attaching a protein to another one that will sneak it through the cell's membrane. Many of these methods are specific to certain types of cells and only work with specific molecules.

As the article reports, this is not without hope. A team led by Hongkun Park, a professor of chemistry and physics at Harvard University, has developed a simple and direct alternative: using nanowires as needles to poke molecules into cells.

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Embryonic stem cells have been known to transform into different types of adult cells in our bodies. However, how do we track these omnipotent cells and see what they do, especially after they have transformed into, say, red blood cells? As recently noted by ScienceDaily, a team in Monash University might have the answer!

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Carbon nanotubes are commonly known for their potential applications in electronic devices. But as fertilizers?

It appears that thanks to a team led by Dr. Khodakovskaya and Dr. Biris, these tiny cylinders of carbon atoms might have found their way into being valuable in agriculture as well. For detail, see an article from a recent issue of The Economist.

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At the end of March, MIT President Susan Hockfield met with President Obama at the White House to discuss funding for clean-energy technologies.

This news came just a few weeks after MIT researchers reported that they had developed technology that could enable lithium-ion batteries to charge in seconds instead of hours. They're hoping the advance could lead to smaller, faster-charging batteries that could be used in cell phones and other devices (see a previous posting here.).  Another MIT research team, led by Dr. Angela Belcher also reported that they' have combined nanotechnology with genetically engineered viruses to build batteries that could power hybrid cars and cell phones.

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Intelligent textiles (or "smart textiles") can be attractive to both the military and medical practitioners.  However, the smart textiles to date often have the problems of being fragile and/or stiff.  One team of scientific researchers, lead by Professor Nicholas Kotov of University of Michigan, have overcome this problem by combining two fibers - one made by the nature and the other by man - to fabricate a new kind of smart textile.  Such textile could allow clothing that glows or detects the amount of bleeding.

How did the team accomplish this?

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