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Jessica Chesher

Managing Editor

Innovation eReview

November 2012 Edition

In This Issue:

Welcome Message

Welcome to the first edition of the Innovation e-Review under the newly re-designated New York State Science and Technology Law Center.

It has been a while since the last issue so a quick refresher: The Innovation E-review is a monthly newsletter put out by the New York State Science and Technology Law Center (NYS STLC). This initiative is funded by Empire State Development through NYSTAR with the goal of providing information about  issues related to technology commercialization.  In a change from prior years we will be using each monthly newsletter to highlight resources and businesses in a specific economic region of New York State. This is in addition to providing general information on legal issues, government and research resources educational events information  and economic development.

New York State's evolution toward an integrated innovation ecosystem has continued with a number of exciting developments; NIST MEP partnerships with NYSTAR, the formation of ten regional economic development systems, the “Open for Business” campaign, Solutions Fairs, and an increasing number of legislators committed to the notion of economic transformation through technology commercialization. 
With the re-designation of the NYS STLC, we look forward to bringing you updates about the work of the Center, the expanded Technology Commercialization Clinic Network (TCCN),  and most importantly, the work of the many technology related enterprises transpiring within the State as part of New York’s investment in its Centers of Excellence, Regional Technology Development Organizations, and other University-based resources. 

In honor of the 15th anniversary of the Lennox Tech Enterprise Center (TEC), one of High Tech Rochester's facilities, the focus of our November issue is the Finger Lakes Region. This area is comprised of nine counties and four major cities including Rochester, Geneva, Canandaigua, and Batavia.

We've highlighted the different capabilities and services provided by High Tech Rochester, one of the premier business incubators in the area, and compiled information about the national Manufacturing Extension Partnership (MEP). Also highlighted in this issue are two Finger Lakes Region tech companies, an overview of some of the intellectual property (IP) cases recently heard by the Supreme Court, industry news, and an article on student IP rights provides some food for thought.

Please feel free to write us at nysstlc@law.syr.edu with thoughts and comments as well as suggestions for topics you would like more information on or relevant information to share.



Fall Semester Projects at the NYS STLC Technology Commercialization Law Center

Assisting the entrepreneur move inventions and innovations along the commercialization curve through research is the prime work of the Technology Commercialization Law & Research Center at the Syracuse University College of Law.  Second and third year law students, under the guidance of faculty with years of technology commercialization experience, provide in-depth research into the technology, market, intellectual property, funding and legal & regulatory issues relevant to the commercialization project being considered.

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Industry Tools: Manufacturing Extension Partnership (MEP)

The Manufacturers Extension Partnership ("MEP") and Innovation Accelerator Challenge is a partnership between the U.S. Department of Commerce’s Economic Development Administration and the National Institute of Standards and Technology (“NIST”), the U.S. Department of Energy, the U.S. Department of Labor’s Employment and Training Administration, the U.S. Small Business Administration, and the National Science Foundation.

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Resource Spotlight: High Tech Rochester

High Tech Rochester

Starting a new business is never easy. It takes more than a good idea or product, even if you have prior business experience. Fortunately for those in the Rochester area, High Tech Rochester exists. The non-profit organization provides a wide variety of resources from business-plan assessment to wet lab facilities in order to facilitate growth and economic development for high-tech start-ups as well as established manufacturing companies in the Finger Lakes Region.

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Company Profile: SiMPore

SiMPore, Inc., based in Rochester, is a nanotechnology company that designs and produces membranes and membrane-enabled products. For those unfamiliar with the term, nanotechnology is the understanding and control of matter at the nanoscale, dimensions between approximately 1 and 100 nanometers (for reference a sheet of paper is about 100,000 nanometers (nm) thick). The base of SiMPore’s revolutionary products is its unique patented platform technology - the NanoBarrier™ ultrathin nanoporous silicon membrane, which SiMPore licensed from the University of Rochester. This membrane is the world's first to offer both tunable nanometer-scale thickness and pore size. The NanoBarrier™ silicon membrane can be used in products for a wide variety of functions from filters for separating and concentrating biological molecules and nanoparticles to cell culture substrates for growing cells and electron microscopy grids for preparing and imaging samples at the nanoscale.

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Company Profile: Diffinity Genomics

Dffinity Genomics is a biotechnology company in Rochester that has developed a technology to allow for a quick and easy method of purifying nucleic acids. The technology works by configuring surfaces to selectively absorb certain kinds of nucleic acids while simultaneously repelling others. This technology is placed inside a pipette tip allowing users to simply aspirate the solution containing the DNA and then mix the solution by pipetting for approximately one minute. The impurities bind to the Diffinity RapidTip® pipette tip technology and then the tip dispenses the purified DNA. This is beneficial for a variety of functions from sequencing to cloning to in vitro transcription.

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Industry News: MEP Makes Two 1.9 Million Dollar Awards in New York State

The Manufacturing Extension Partnership (“MEP”) recently awarded 10 public-private partnerships across America $20 million to help revitalize American manufacturing and encourage companies to invest in the United States. 

The 10 partnerships were selected through the Advanced Manufacturing Jobs and Innovation Accelerator Challenge, a competitive multi-agency grant process. Announced in May 2012, the goal is to support initiatives that strengthen advanced manufacturing at the local level.

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Industry News: America Invents Act Goes into Effect

September 16, 2012 marked one year after President Obama signed the America Invents Act, and the date a number of additional provisions went into effect. A USPTO timetable illustrates the new provisions and their effective dates. The next milestone is on March 16, 2013. The USPTO has implementation resources available on their website. See also an outline of the seven provisions that went into effect in September at Patent Baristas. Also useful is an AIA micro-site roadshow page featuring detailed slides and videos and the AIA help telephone line is 1-855-HELPAIA or AIA help email at http://mailto:HelpAIA@uspto.gov.

Check out “Lawyer to Lawyer” on the Legal talk Network to hear the take of Attorney Matthew I. Kreeger, the Co-Chair of Morrison Foerster’s Patent Interferences Practice Group and Dennis Crouch, Associate Professor of Law at the University of Missouri School of Law and editor of Patently-O . They discuss provisions now in effect including Inter Partes Review, and the Post Grant Review provisions that go into effect in March 2013. 

The America Invents Act is distinct from the "America Innovates Act", which is proposed legislation authorizing the National Science Foundation to fund Integrative Graduate Education and Research Traineeship programs at institutions of higher education to support students who perform their graduate research in an industry setting, and  institutions of higher education to develop professional science masters programs.  New York Senator Kristin Gillibrand has advocated this legislation while visiting New York State Centers of Excellence.


IP Law Watch: Federal Cases

The NYS STLC specializes in technology commercialization research. Tracking cases relevant to technology commercialization and understanding their implications for technology commercialization practice is part of the Center’s mission. Some of the most relevant intellectual property cases are decided by the US Supreme Court and the Court of Appeals for the Federal Circuit (CAFC) interpreting patent, trademark and copyright law issues such as patentability, freedom to operate, infringement, validity, first sale doctrine, patent exhaustion, experimental use and federal jurisdiction. The newsletter covers developments in the evolving legal landscape in which technology is commercialized.

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Government Resource: US Commercial Service

The U.S. Commercial Service is the trade promotion arm of the U.S. Department of Commerce’s International Trade Administration. It helps domestic companies who lack foreign customers to begin exporting, and helps U.S. companies who have some level of exporting to expand sales to new global markets. With offices located in over 100 U.S. cities, U.S. Commercial Service helps thousands of companies increase export sales every year. In New York State, there are U.S. Commercial Service offices in Buffalo, Rochester, an associate office in Syracuse, and New York City and Long Island.

The New York State web page offers many links and explanations of how they can assist grow exporting business opportunities. See also NIST’s ExporTech for business exporting advice.


NYS Events: Solutions Fairs

MEP Sponsored Regional Solutions Fairs Showcase Resources for New York State Entrepreneurs

Empire State Development (ESD) and its Division of Science, Technology and Innovation (NYSTAR), in collaboration with National Institute of Standards and Technology’s (NIST) Manufacturing Extension Partnership (MEP) have hosted Solutions Fairs in New York City, Ithaca, Newburgh, and Lake Placid.

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NYS Events: Life Sciences Summit 2012

Life Sciences Summit 2012

 Major stakeholders from industry, academia, and medical research foundations will join with biopharma industry scouts, emerging companies, and innovators to foster collaborations with a goal of accelerating the development of next-generation therapeutics.

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Observation: Reducing the Complex to the Graspable

by Molly Zimmermann

This summer three central New York physicists were challenged to offer an explanation of the Higgs Boson in the time it took for an elevator ride.  Alan Alda, working with the Stony Brook  recently created a challenge to explain what a flame is so students can understand it.  

The science and technology that is the subject of today’s commercialization work is often complex, building on a number of principals. The ability to explain complex science is key to the ability to partner, license, sell or obtain funding. However, many times the explanations are outside the vernacular of the people involved in commercializing the technology.  

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Featured Debate: Student IP Rights

Do students retain intellectual property rights to the work they do while at a university? Students work in research labs, enter contests involving their work, and take entrepreneurship courses, some of which require the development of a technology or software application.   Many assume students retain the intellectual property rights to their work. This is not always the case. 

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