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July 7, 2006 – Asylum Research, a Santa Barbara, Calif., manufacturer of atomic force microscopes (AFMs), announced the formation of Asylum Research UK Ltd., a company that will distribute and support its AFM products in the UK and Ireland. The new company is headquartered in the Oxford Centre for Innovation in Oxford which houses other science and high-technology businesses.

Shelley Wilkins has been appointed managing director for the UK company. Wilkins received her PhD from Oxford University and holds a degree in physical and theoretical chemistry. She has been published in numerous international science journals for her AFM work and was recently the business development manager at Windsor Scientific.

The company also announced its new Dual AC imaging mode for atomic force micrsocopy. The company says the mode goes beyond conventional phase imaging in measuring the mechanical and chemical properties of samples by employing higher resonance modes of cantilevers. The patent-pending Dual AC Mode is available only on the Asylum Research MFP-3D AFM.

“Unlike phase imaging which typically requires a choice of setpoint and drive amplitude to maximize the phase contrast, Dual AC shows increased contrast over a much wider range of imaging parameters,” said Roger Proksch, president of Asylum Research, in a prepared statement. “It also provides information on the frequency dependent mechanical properties of a surface. Because of the pioneering all digital nature of our MFP-3D controller, Dual AC Mode was added without any hardware modifications and is available to all current MFP-3D users.”

In Dual AC, the cantilever is driven at or near two or more of its resonance frequencies. The cantilever motion is then analyzed by two quadrature digital lock-in amplifiers. The output of the lock-ins can be displayed, saved, combined with other signals, and used in user-selected feedback loops.

July 7, 2006 – Altair Nanotechnologies Inc., a supplier of ceramic nanomaterials and high-power battery systems technology, announced it has received a $750,000 initial order for its fast charge, high powered batteries from Phoenix Motorcars, a Calif. company that intends to make full function, freeway ready electric automobiles.

The battery packs will be engineered and manufactured at Altairnano’s Anderson, Indiana facility and will utilize Altairnano’s proprietary nano-lithium ion battery technology. Phoenix Motor Cars is using the engineering services of Boshart Engineering, Inc., based in Ontario, California, to develop the battery integration, validation, certification and regulatory testing.

In early 2005, Altairnano announced that it had developed innovative battery electrode material that in independent testing exhibited very fast charge characteristics. In September 2005, the company announced it had taken additional steps to commercialization by acquiring a leading-edge battery design and implementation group which it co-located in Reno, Nevada and Anderson, Indiana. On February 1st, 2006 Altairnano announced that it had started the manufacture of battery cells in its Anderson facility, and on May 23rd, Altairnano announced that these battery cells had passed key safety tests conducted by Altairnano.

The next step, before engaging with an electric vehicle supplier, was to partner with an expert in electric drive-trains and a company who had an established track record in vehicle roadworthy compliance. On May 8th, 2006 Altairnano announced it had signed an agreement with Boshart Engineering. Together Boshart and Altairnano proposed an integrated drive-train and battery system to Phoenix Motorcars.

July 7, 2006 – Cascade Microtech of Beaverton, Ore., announced it is opening two new sales and service offices in Asia and expanding its operations to meet the needs of a rapidly growing customer base in the region.

The company said the expansion reflects the global growth of the semiconductor market and the company’s rapid sales growth in the Asian-Pacific region. In order to better serve existing customers and expand to serve new customers, the company will now offer direct sales, service and applications support in the new offices located in Shanghai, People’s Republic of China and Hsin Chu City, Taiwan.

Cascade Microtech provides tools for the precise electrical measurement and test of integrated circuits (ICs) and other small structures. “Since 2003, our Singapore office has been extremely successful and we intend to replicate this business model in China and Taiwan to provide greater overall value to our customers,” said John Pence, vice president and general manager, in a prepared statement. “We want to respond quickly to customer needs and make certain that we assist customers as they bring up critical new semiconductor processes.”

July 7, 2006 – Micralyne Inc., an Edmonton, Alberta, manufacturer of MEMS components, announced it has purchased the SB6e wafer bonder and BA6 aligner system from SUSS MicroTec Inc., a supplier of precision manufacturing and test equipment for the semiconductor and emerging markets.

Micralyne said that due to increasing production demands over the past year, it has doubled its employee base and added additional working shifts at its 50,000 sq. ft. plant. As part of this ramp up to volume production the company is investing in facility expansion and capital equipment, such as adding aligned wafer bonding capacity.

The SB6e is a semi-automatic, computer controlled, stand-alone substrate bonder. Featuring a rigid vacuum/pressure chamber, upper and lower independent heaters & wafer stack loading arm, the SB6e represents the latest generation of SUSS substrate bonders. Combined with the BA6 SUSS Bond aligner the SB6e provides superior post bond alignment, force and temperature uniformity, and pressure control capabilities for wafer level packaging of MEMS.

The company recently announced record financial results for the fiscal year ending March 31, 2006. Revenues for the year reached $15.6 million, an increase of 53 percent over the previous year. The company said net income also increased over ten-fold from the 2004-05 total to 2005-06. Micralyne also announced that several new companies were added to the customer roster while a number of existing customers significantly increased their production orders.

July 6, 2006 – Ultratech Inc., a supplier of lithography and laser-processing systems used to manufacture semiconductors and nanotechnology devices, announced that it has entered into a non-binding letter of intent to purchase the assets of Oraxion Inc.

The transaction is subject to the negotiation of definitive agreements and other standard conditions. Oraxion makes capital equipment for surface metrology and stress analysis for the semiconductor industry. Ultratech said it believes the transaction will prove to be an important component of its strategic growth efforts.

July 5, 2006 – Surface Technology Systems plc (STS), a Newport, Wales-based maker of plasma process technologies required in the manufacturing and packaging of MEMS and advanced electronic devices, announced that Austriamicrosystems has purchased one of its VPX Pegasus Deep Reactive Ion Etch (DRIE) systems for advanced IC production.

The VPX Pegasus system selected combines a DRIE processing capability with a Brooks cluster core that can accommodate up to three process chambers.

Martin Schrems, director of process development and implementation at Austriamicrosystems, said in a prepared statement that the company chose the tool due to its flexibility and process performance. He said the cooperation with STS would enable his company to further enhance its position in analog technologies and products with special emphasis on high voltage and sensors applications.

July 5, 2006 – Akrion Inc. of Allentown, Pa., announced receipt of orders for GAMA Series systems from two repeat customers. Both tool sets will ship in the third quarter, the company said.

One of the systems will be used for back-end-of-line (BEOL) cleaning at a leading foundry in China. GAMA solvent cleaning tools utilize proprietary gas injection technology designed to eliminate corrosion and remove side wall polymers to yield more usable devices.

The company said the other system will be used for nitride etching by a top-tier European device manufacturer’s fabrication plant in Texas. Features available for GAMA nitride etch wet stations include Akrion’s “feed and bleed” technology designed to enhance etch uniformity and extend bath life for lower cost of ownership.

Akrion provides single-wafer and batch-immersion cleaning systems for the semiconductor industry. The company’s products are used in the production of a diverse range of semiconductor and related devices, including integrated circuits for DRAM, flash, logic and MEMS and photomasks.

John Caldwell & Jeffrey Rosedale

Contrary to what most people think, a patent does not confer the right to actually do anything; only the right to stop others from exploiting an invention. Infringement carries the risk of large damage awards and the possibility of a permanent injunction. Given the risks and level of investment necessary to enable a new market entry, scrutiny of a company’s patent position and assessment of its “freedom to operate” is usually an essential part of any nanobusiness decision.

For example, NEC has stated that it owns essential patents on carbon nanotubes and, in its view, all companies seeking to make or sell carbon nanotube materials must obtain licenses from NEC. Similarly, in trumpeting its 30th carbon nanotube U.S. patent last year, Carbon Nanotechnologies Inc. proclaimed that its patent portfolio comprises 1,200 issued claims as well as 4,000 pending claims in 70 more patent applications. Many other entities have issued patents and pending applications in this field as well.

Consider the plight of a businessperson who is faced with multiple pending or issued patents having claims surrounding and even overlapping the technical space needed for a product introduction. What can be done? A number of strategies should be considered:

Do Nothing: Scarlett O’Hara was fond of saying “I’ll worry about that tomorrow.” Sometimes this actually works. If the investment is not too great and the patent rights are heavily intertwined, it may be that no party wishes to begin a conflict. However, most prefer to be guided by Winston Churchill, who urged that we remember which end of the ostrich sticks out when its head is in the sand.

Prepare for Patent Interference: Only in the U.S. is the first to invent an invention considered to be more important than the person who is the first to file a patent application. An interference proceeding determines which of two or more persons was the first to invent a contested claim. The rules are arcane, the timing is difficult and the proceeding demands specialized legal assistance. However, an interference can award patent rights to an applicant, even after a patent has issued to another. Having mastery of one’s own patent portfolio as well as knowing about the portfolios of others in the field is essential to this strategy.

Prepare for Litigation: Good sense suggests that one “prepare for the worst but hope for the best.” For example, one might consider securing bargaining chips that would enable one to threaten or launch a counterattack if sued. This can be done by filing patent applications which threaten likely opponents or by finding in-licensing possibilities. Additionally, having a financial war chest is wise as some patentees tend to sue weaker competitors first. Likewise, obtaining opinions of outside patent counsel regarding intended product lines is prudent. If truly independent, such opinions may defeat a patentee’s assertion of willful infringement and reduce damages. This has the practical effect of making one a smaller target.

Play nice: Churchill again comes to mind: “To jaw-jaw is always better than to war-war.” In most fields, licensing is commonplace. Indeed, much licensing, especially from academic and other non-manufacturing licensors, is already present in many nanotechnologies. Activity in this area seems appealing, especially to new entrants, even though the price may be substantial. But the existence of overlapping apparent rights confuses the issue. It is tough for a CEO to sign a single license from among a group of possible patent holders in an overlapping field. What if the licensed technology turns out not to be the winner? Multiply the concern when access to three, four or more technologies must be acquired.

Patent Pools: One possible approach involves patent pools. Two or more companies may be able to form a consortium for cross-licensing (i.e., “pooling”) their rights relating to a particular technology. Such pools can help facilitate the transaction as well as minimize the costs involved in licensing many patents among multiple players. Recent examples of patent pools include MPEG video coding standards and the Radio Frequency Identification Domain (RFID).

Due to the potential anti-competitive effects of pooled rights, they are scrutinized by the U.S. government. Also, problems can arise when competing patent pools are formed that hold patents on the same technology, or when an important patent holder refuses to join. It may be, however that the developing overlap in some of the nanotechnologies will, in practical terms, mandate the establishment of pooling.

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John Caldwell is a partner at Woodcock Washburn. He can be reached at [email protected].

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Jeffrey Rosedale is an associate at Woodcock Washburn. He can be reached at [email protected].

About the Site


July 1, 2006

Small Times, a division of PennWell, is the leading source of business information and analysis about micro and nanotechnology. Small Times offers full news coverage through its business trade magazine, daily news Web site and weekly e-mail newsletter. Small Times also offers custom research services.

Small Times magazine details technological advances, applications and investment opportunities to help business leaders stay informed about the rapidly changing business of micro and nanotechnology from biotech to defense, telecom to transportation. Small Times spotlights key issues in the industry’s development, along with market intelligence, company profiles and more.

Launched in September 2001, Small Times is a controlled circulation print magazine.

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Patti Glaza

It’s been a crazy couple of months for conferences and events. Not surprisingly, the public markets and funding continue to be the main focus of conversation.

The debate about whether there is a real long-term public market for micro and nanotechnology companies has been going strong since Nanosys backed out of their planned IPO several years ago. Will people and institutions invest in a company because the technology is small scale in and of itself? Or will the focus be on the vertical industries they impact? Is Nucryst Pharmaceuticals really a nanotech company or a biotech company? While it is an interesting debate, there is a more fundamental question that should be addressed for companies considering the big jump. How well are public markets serving the small company? Not small as in “small tech” but small as in “not large”.

The key allure of the public markets for a budding, small company is access to capital and liquidity. Who wouldn’t want to go public over dealing with those blood-sucking venture capitalists? Just joking, and please folks, no letters to our new editor-in-chief, David Forman, on this one. VCs are like everyone else in the food chain: economics rule. They have to make above average returns for their investors, or they won’t be around for very long.

As I’ve said before in this column, there aren’t a lot of VCs that have the stomach to invest in technology companies that base their competitive advantage on atomic-scale science. So, the big panacea solution was to see if nano companies could emulate the biotech phenomenon and find investors in the public market that would buy into the dream and potential. The public embrace of nanotechnology has not happened yet, but what if it does? Are the public markets the right place to go for capital?

Yes, like many of the small company executives reading this article, I’ve had to manage cash flow to make the next payroll. There aren’t always many options. But when there are, a small company must fully understand the challenges it will face once public.

Let’s take the obvious one first. The pains of Sarbanes-Oxley have been beaten into all of our heads. And, there is hope that reform is on the horizon. Compliance in general, depending on your exchange, is not a trivial matter. But, leaving those costs (monetary and personnel) aside, what is another key issue that doesn’t seem to get as much attention?

Analyst coverage. Big companies get good coverage, and thus tend to get strong institutional investment. Institutional investment brings more stability and liquidity. Unfortunately, there aren’t many incentives for a banking analyst to cover the smaller company. Investment banking revenue isn’t significant enough. Close to 40 percent of Nasdaq companies, according to its Web site, have no analyst coverage. No coverage equals no visibility to institutional investors.

Of course you can buy analyst coverage these days. Either through firms selling their services directly, or now through the Nasdaq itself in a partnership with Reuters. Will sponsored research be any better than no coverage? Hard to say at this point, but it is worth watching. According to what I’ve heard through the grapevine, the dollars the Nasdaq will pay aren’t going to get the large firms interested. Whether the smaller analyst firms can get the attention of the institutional investors for the companies they cover will need to be proven.

Sagiv Shiv from Punk Ziegel made a good point (many, actually) during a presentation at the NSTI Nanotech 2006 show in May. Many of the business models being presented by nanotechnology companies today continue to appear unfocused to investors. Companies have too many market opportunities and potential applications for their technologies. Instead of focusing on breadth, these companies need to prove that they can commercialize their technology in a reasonable timeframe and be able to integrate into the supply chain of market segments that are growing. In addition, companies need to be aware of where they sit in the value-chain. Will they be a commodity materials supplier or a systems/component provider?

There are companies successfully straddling the nano/vertical market lines. NanoOpto is a good example. Nanotechnology is at the core of their applications, but they market themselves as an optical components company. While CEO Barry Weinbaum will tell you his company isn’t a nano company, it should be noted that the company hasn’t been opposed to funding from nano investors. Needless to say NanoOpto is on everyone’s watch list for what happens next – acquisition, IPO…

A lot of cool technology was discussed at NSTI. Universities are flush with nano cash. Put “nano” throughout your research grant proposal and we have been told your chances for funding go up significantly. Unfortunately, the capital inflow from venture capital/public markets isn’t where it needs to be. Until some of this imbalance is corrected, the large research funding going into nanotechnology from the government is likely to see a much lower return than should be expected.

Patti Glaza is vice president and publisher at Small Times. She can be reached at [email protected].