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Belisle S.E.,Fitzpatrick | Nappi J.E.,Fitzpatrick
Nanotechnology Law and Business | Year: 2015

In the face of escalating global industrial espionage, companies must vigilantly protect their intellectual property. Indeed, before disclosing to third parties any information that provides a competitive advantage, let alone trade secrets, companies should ensure that each recipient agrees in writing not to disclose or otherwise misuse such information and to be subject to the jurisdiction of U.S. courts - you never know for whom those recipients may work tomorrow. To some, that may seem obvious and to others, overkill. But the downside of not doing so is presently playing out in Ultratech, Inc. v. Ensure Nanotech (Beijing), Inc. et al. in the U.S. District Court for the Northern District of California, in which plaintiff Ultratech is battling to establish personal jurisdiction over defendant Dongjun Wang, a Chinese citizen residing in China who owns the defendant companies and who is accused of patent and copyright infringement, trade secret misappropriation, unfair competition, and breach of contract. In this article, Mr. Belisle and Mr. Nappi discuss the posture of the case as of June 2015, as well as defendant Dongjun Wang's pending motion to dismiss Ultratech's claims as to him for lack of personal jurisdiction and for failure to state a claim. The authors also discuss some key take-home lessons and reminders concerning the disclosure of confidential business information to third parties, whether foreign or domestic.


Sharrott D.,Fitzpatrick | Austin E.J.D.,Fitzpatrick
Nanotechnology Law and Business | Year: 2015

Lithium ion batteries are used in portable electronic devices, power tools, and electric vehicles. Recently, substantial venture capital and private equity investments have been made to introduce new lithium batteries with enhanced energy densities based on silicon nanowires. In this article, patent lawyers Douglas Sharrott and Erin J.D. Austin explore the patent landscape surrounding use of silicon nanowires in energy storage devices. They identify companies developing silicon nanowire technologies for energy storage applications; highlight exemplary patents directed to silicon nanowire structures and production methods as well as patents directed to using silicon nanowires for energy storage; and explore patent infringement issues.


Loh C.E.,Fitzpatrick | Breyer A.,Fitzpatrick
Nanotechnology Law and Business | Year: 2014

Small interfering RNA ("siRNA") therapy uses small molecules designed to pair with the sequence of messenger RNA that encodes disease-related proteins. The biotechnology industry has applied for and received hundreds of U.S. patents related to the nanoscale technologies to help with effective siRNA delivery. For example, Tekmira Pharmaceuticals has a patent portfolio for its lipidoid nanoparticle siRNA delivery technology, while Arrowhead Research has obtained patents covering its RONDEL platform of self-assembled siRNA-containing nanoparticles. This article summarizes some of the most visible siRNA delivery technologies and their patents in the current landscape.


Russo A.A.,Fitzpatrick | Johnson J.,Fitzpatrick
Cold Spring Harbor Perspectives in Medicine | Year: 2015

Experiments with patented compounds or processes are sometimes necessary for Food and Drug Administration approval of a small-molecule drug, biologic, or medical device. The lawexempts certain research and development activities using these patented compounds or processes. The two exemptions are (1) a judicially created exemption developed through case law and (2) an exemption created by the Hatch–Waxman Act (the “safe harbor” provision). This article analyzes the history of these exemptions and how the courts have interpreted their scope and provides future perspectives on protecting research and development activities from liability. © 2015 Cold Spring Harbor Laboratory Press; all rights reserved.


PubMed | Fitzpatrick
Type: Journal Article | Journal: Cold Spring Harbor perspectives in medicine | Year: 2015

Experiments with patented compounds or processes are sometimes necessary for Food and Drug Administration approval of a small-molecule drug, biologic, or medical device. The law exempts certain research and development activities using these patented compounds or processes. The two exemptions are (1) a judicially created exemption developed through case law and (2) an exemption created by the Hatch-Waxman Act (the safe harbor provision). This article analyzes the history of these exemptions and how the courts have interpreted their scope and provides future perspectives on protecting research and development activities from liability.

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