Cleantech & Nano Blog

Timely insight on emerging legal and business development

Lamar Smith New Chair of House Committee on Science, Space and Technology; Impact on NNI?

Posted by J. Steven Rutt on Posted in Legislation; U.S. Patent Reform

In a move which could favorably impact the National Nanotechnology Initiative (NNI), House Congressional Republicans recently selected Rep. Lamar Smith (R-Texas) to chair the House Committee on Science, Space and Technology. Rep. Smith has been a supporter of nanotechnology, having sponsored legislation such as HR 5940 to improve the National Nanotechnology Initiative. A statement released by Rep. Smith on his Web site reads as follows:

Chairman Smith:

“As Chairman of the Science Committee, I will be an advocate for America’s innovators by promoting legislation that encourages scientific discoveries, space exploration, and the application of new technologies to expand our economy and create jobs for American workers.

“Over 80% of the Committee’s $39 billion budget touches on research and development. We can’t have innovation without research and development. And the purpose of the Science Committee is to encourage the R&D that leads to new innovations.

“The Science Committee can play an exciting part in the discoveries of science, the exploration of space and the development of new technologies. I appreciate the confidence of my colleagues and look forward to chairing the Committee next Congress.”

House Speaker John Boehner supported Smith’s appointment.

Speaker Boehner:

“Throughout his tenure on the House Judiciary Committee, Lamar has been a strong leader on important issues facing the American people. He is dedicated to promoting economic growth to help put Americans back to work, encouraging innovation and promoting national security. I am confident that he will bring the same strong leadership and work ethic to the Science Committee as Chairman, and I look forward to working with him in the 113th Congress.”

Established in 1958, the Science, Space and Technology Committee has jurisdiction over all non-defense federal scientific research and development. Specifically, the Committee has partial or complete jurisdiction over the following federal agencies: NASA, the Department of Energy, the Environmental Protection Agency, the National Science Foundation, the Federal Aviation Administration, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, FEMA, the U.S. Fire Administration, and United States Geological Survey, among others.

The Committee has five subcommittees – the Subcommittee on Energy and Environment, the Subcommittee on Investigations and Oversight, the Subcommittee on Research and Science Education, the Subcommittee on Space and Aeronautics, and the Subcommittee on Technology and Innovation.

As chairman of the House Judiciary Committee, Smith has spearheaded the patent-reform legislation known as the America Invents Act. He has also worked to increase opportunities for foreign graduates with science and engineering degrees to remain in the United States.

Nanotechnology Meets Spiderman and Robots (ok, Bio-inspired Adhesives) !

Posted by J. Steven Rutt on Posted in Nano Biotechnology

I saw this recent BBC article re spiderman and nanotechnology – enjoy.  The article notes the technology of one company, nanoGriptech, which is a spin-off company from Carnegie Mellon University (see Professor Metin Sitti).  More generally, the article relates to bio-inspired adhesives (see geckos, for example) and applications with robotics.  NanoGriptech was funded early on by the Pennsylvania NanoMaterials Commercialization Center.  I encourage readers to explore this web page for interesting updates including inputs from their new leader, Leone Hermans-Blackburn.

Nanotech Patent Publication Record Explosion Continues for 2012

Posted by J. Steven Rutt on Posted in Patent

Patent publications continued last week on Thursday, despite Thanksgiving. We checked. The USPTO continues to be on pace to publish about 4,000 nanotech class 977 patent publications in 2012. This would be a record as the previous high last year was 3,439. This record explosion is a solid, long-term trend, representing a substantive increase of at least 15%, as noted in our prior postings this year on September 4, 2012 and July 8, 2012.

Important Update re: Bayh-Dole Law and Policy: Another “March-In” Petition

Posted by J. Steven Rutt on Posted in Legislation; Licensing; Patent; Uncategorized

Another “march-in petition” has been filed recently as part of the on-going implementation of the Bayh-Dole system. The attached web page provides access to the petition, cover letter, and broader context. Now, several groups are seeking march-in against a series of AIDS/HIV related drug patents. Funding for the underlying inventions was provided by the NIH. 

No march-in petition has ever been granted during the 32 years of the Bayh-Dole system. If one were granted, the grant would likely have a major impact on the Bayh-Dole system, extending beyond the particular case at hand. Best I can tell, the last march-in petition was filed about two years ago, but the petition failed (see our prior blog entry).

Review of the patent literature confirms that many nanotechnology and clean tech inventions arise from federal funding and invoke the Bayh-Dole system. Funding comes from the NNI and Department of Energy, for example. However, it is not unusual to find investors and executives in these areas to be relatively unaware of the Bayh-Dole system and its legal implications.

I will note briefly that I found the petition dialog interesting for attempting to legally separate out what appears to be (1) a primary use of the patented invention, from (2) secondary uses of the patented invention, or what is called a “dependent technology.”

The Value of IP: Concern re: IP “Going to China” in A123 Bankruptcy

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

Media reports re A123 System’s bankruptcy confirm that A123′s intellectual property is an important part throughout the lifecycle of a struggling company. While Johnson Controls was an initial suitor for A123′s assets, the Wanxiang Group is also now inserting itself into the bankruptcy proceeding. However, concern is present that the IP could “go to China.”

In any event, stay tuned. Emerging growth companies should recognize the value of IP thoughout corporate lifecycles, including bankruptcy. In the on-going debate about whether to file patent applications in China, the debaters should note key situations such as this A123 situation where Chinese companies and investors are critical factors.

Advanced Materials Subject of Supreme Court Petition in Collaborative Research Context

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

W.L. Gore & Associates, Inc. is now petitioning to the Supreme Court over a long-running case involving joint inventorship law. In an era of collaborative research, joint inventorship law continues to be a critical aspect of groups and individuals communicating with each other over technology innovation. The technology behind the patent issue is the Gore-Tex(R) expanded polytetrafluoroethylene advanced material and its microsctructure. Gore argues, briefly, in its policy aspects that the Supreme Court must intervene to avoid chilling collaborative research and harming academic research, including research which is part of the Bayh-Dole system. Important, interesting reading.

Commercialization of Self-Healing Coatings: AMI Funded in Round B

Posted by J. Steven Rutt on Posted in Invest; Uncategorized

Miracles of nature and science are all around us, and one of them is the abilty of an organism to heal itself.  If skin is cut, the skin can repair itself.  Can that concept also be applied to synthetic materials and coatings?  One company trying to commercialize the concept is Autonomic Materials, Inc. (AMI).  In the AMI approach, microcapsules are used.  AMI recently announced it completed a series B financing, with Phoenix Venture Partners investing.  In these tougher economic times, including tough times for venture capital, AMI’s receipt of investment is good news.  More about Phoenix Venture Partners can be found in attached link.

Patents on Treatment of Hydraulic Fracturing Water

Posted by J. Steven Rutt on Posted in Cleaning Up Hydraulic Fracturing; Uncategorized

We continue to monitor patent literature for water and liquid treatment technologies related to hydraulic fracturing (see our October 7, 2012 blog entry, for example). We did not see as many granted patents in 2010 and 2011 compared to 2012 (likely a trend reflecting the increased importance of hydraulic fracturing in recent years). One exception was US Patent No. 7,722,770 granted May 25, 2010 (the listed assignee is Anticline Disposal, LLC). Anticline now has five granted patents, best we can tell (8,105,488; 7,722,770; 7,628,919; 7,527,736; and 7,510,656). The processes appear to link to nanotechnology via nanofiltration and reverse osmosis. See also this link. Nanotechnology continues to be a prominent theme in new hydraulic fracturing technologies although many of these nano-HF patent filings are not included in the 977 nanotechnology patent class.

For the Anticline ’770 patent, the abstract indicates:

ABSTRACT: Systems and methods have been developed for treating the waste water contaminated with methanol and boron in addition to other contaminants. The systems and methods allow specifically for the removal of the methanol and boron without the addition of significant chemicals to raise the pH. The water is treated by removing the methanol via biological digestion in a bioreactor, separating a majority of the contaminants from the water by reverse osmosis and removing the boron that passes through the reverse osmosis system with a boron-removing ion exchange resin.

From Band-Aids to ______________ – Ten Ways Nanotech is Used Right Now (And Don’t Even Know It!)

Posted by J. Steven Rutt on Posted in General; Invest

MSNBC web page today has posted an excellent brief piece on ten ways nanotech is being used now and people may not even know it.  We recommend looking.  Number one was band-aids; others are cool; but they finish with an eye-opener…. not necessarily appropriate for a law firm blog arguably ?  Please read and enjoy.

Recent U.S. Patents Granting for Treatment of Hydraulic Fracturing Waters

Posted by J. Steven Rutt on Posted in Cleaning Up Hydraulic Fracturing; Cleantech; Patent; Water

We continue to monitor patent literature for water and liquid treatment technologies related to hydraulic fracturing. This technology is especially important for western Pennsylvania, the center of the Marcellus Shale region. Yesterday, for example, I listened to a speech by Carnegie Mellon University’s president, which stressed the importance of this technology.  CMU has a new energy center which will include work in this area. CMU has also published a research guide on hydraulic fracturing.

Recent patents in 2012 which relate directly or indirectly to this subject include 8,273,320 (FracPure Holdings); 8,226,832 (NCH Ecoservices); 8,211,296 (NCH Ecoservices); 8,171,993 (Heat On-the-Fly); 8,158,097 (FracPure Holdings); 8,119,007 (MIT); 8,110,115 (Ibex); 8,105,488 (Anticline Disposal); 8,105,492 (Baker Hughes); and 8,132,632 (ConocoPhillips).

Integrated Water Technologies has an interesting, lengthy video which summarizes the FracPure process. The process includes the water supply, water treatment, and extracting solids from the treated waters.