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The Small Times university survey included 26 questions about funding, facilities, patenting, company formation, collaborations with industry, research, publishing, and micro and nano-specific courses and degree programs. It also gave respondents an opportunity to state which of their peer institutions they thought were leaders in micro and nanotech research and commercialization.

Here are the results, based on responses from 50 universities. Data from the responses were divided into categories and analyzed to determine the top 10 universities for each category. Categories are research, education, facilities, industrial outreach and commercialization. The peer rankings covered micro research, nano research, micro commercialization and nano commercialization.

Note that some universities made the peer rankings but do not appear elsewhere. Those universities did not respond to the survey or provided incomplete responses.

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Kurt Petersen
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In the MEMS community, Kurt Petersen is among the legends. A paper he authored more than two decades ago about the mechanical properties of silicon paved the way for devices that have become the bread-and-butter for the MEMS industry. He launched his first MEMS company, Transensory Devices, in 1982, and co-founded his second MEMS startup, NovaSensor, that same decade.

But by the 1990s he was ready for a change. He launched the biotech startup Cepheid to develop and market portable DNA-based diagnostic tools. The company went public in 2000. A few years ago, Petersen had an opportunity to return to the technology of his past with SiTime, a company that is challenging the quartz oscillator market with a MEMS-based silicon product using technology licensed from Robert Bosch. Petersen shares his vision for SiTime as it moves from development to sampling and beyond with Small Times’ Candace Stuart.

Q: What convinced you to start another company?

I tend to get bored doing the same thing over a long period of time. I remember when I left NovaSensor, it was like I never want to see another pressure sensor again. It’s so repetitious. It was getting a little bit that way at Cepheid.

I wasn’t actively looking around but Joe Brown (former director of MEMS at SUSS MicroTec and now SiTime’s head of strategic alliances) said, ‘I have these friends at Bosch who have this great technology for making oscillators.’ I told him, ‘Oh Joe, people have been trying to make oscillators in MEMS to compete with quartz for 30 years. I doubt whether they have anything that is that good.’ But we had dinner … and I walked away convinced that finally someone had a technology that could compete with quartz crystal.

It is one of these moments when the light bulb goes off in your head and you have this revelation: I know how to make this company totally successful if what they are telling me is true.

Q: Was it the technology that appealed to you, or the people, or both?

I think it was a combination. It came from Robert Bosch, which has huge credibility. It came from Tom Kenny (a MEMS expert and SiTime board member) and Joe Brown. I knew Aaron (Partridge, former project manager at Bosch and SiTime’s chief technology officer). And then the technology – it’s just amazing. You bury these moving structures underneath the surface of the wafer using an epitaxial process. I knew that an epi deposition process is the cleanest, most pure high-temperature process for sealing a vacuum chamber that you could ever imagine.

Q: At Cepheid, you had a nine-year absence from MEMS. Did it make you look at MEMS in a different way?

It might have. I had this feeling that MEMS was far enough along and was being accepted externally enough that we could be very ambitious about how we could get the production up and running in terms of 8-inch wafers and aggressive lithographies. That aggression was a little bit without knowing all the facts, that it was actually going to be pretty hard.

Q: That was aggressive in what way?

There are very few MEMS processes that are in 8-inch wafer fabs and so even though our process is amenable to an 8-inch wafer fab, it wasn’t a sure thing that people would say yes to us. But they did.

We were looking at the 8-inch more to be in high-volume technology with easy compatibility with integrated circuits. When we started designing the devices, we found out that 8-inch gives you quarter micron or even 0.18 micron or 0.13 micron capability. We can make the gaps in capacitors for our pickups for our oscillators much narrower. Now we can do submicron gaps. The 8-inch fabs gave us very small lithographies that you couldn’t get in 6-inch.

Q: Does that mean you can make the footprint even smaller?

We don’t use it to get the footprint smaller but to get a bigger signal. We can have a narrower gap; that’s the deep trench. We can have a higher capacitance, so we can have a higher signal. The small lithography allows you to do that, whereas the big lithography doesn’t.

Q: What applications require that bigger signal?

It basically gives you lower noise. A lot of oscillators have something called phase noise and also jitter in the clock timing signals. In order to get that jitter as small as possible you need to have a bigger signal.

Q: If you have jitter, what does that do?

It creates errors and it doesn’t allow you to get into some markets. The errors are too big.

Q: Like what?

Communications, for instance, especially the cell phone. That’s a very, very low jitter device. So again, going into these narrower geometries that the 8-inch allows can let you have higher capacitance and lower jitter.

Q: What lessons have you learned from your previous startups that have been useful for SiTime?

I’ve learned to very carefully pick the team. For instance, job offers: We have a policy that no matter who is being given a job, Marcus (Lutz, SiTime’s chief operating officer and executive vice president) or I make the job offer. We tell people that we’re a very small company right now and every person we hire is critical. We take great care to make sure that they not only have the technical skills but also fit into the culture.

I think the other thing is you need to coordinate everything. We have a CMOS team, a MEMS team, a packaging team. We said those are the three pieces we need to put out a final product. We also need a great marketing team. It’s looking ahead and saying where do you need to be and what activities do you need to put in place to come together at a particular point in time.

Q: Is that foresight related to your past experiences?

People always say you need a rifle shot when you do a startup. You need focus, focus, focus. One of the things that this technology has allowed us to do is we can really focus. We know exactly what our first part is, what it competes with. The whole company is focused on getting this first part out the door.

Q: Can you discuss what kinds of companies are looking at the oscillators and for what applications?

We started with the philosophy that we’re going to compete with quartz. Quartz is a dirt-ball commodity market. The prices have been cut down and it’s really a cost-competitive product (so) we have to be incredibly cost-effective and low-cost parts. When we designed our first part it was like, oh yeah, it is not going to have the best performance in the world because we’re just learning the technology. It’s going to have maybe a little bit more noise than quartz crystal for some applications. What should we do?

We’re targeting a broad part of the market. Oftentimes in a startup with a new technology you target the highest end, because they can afford the highest prices, the highest margins, and then you whittle down your costs and eventually you get into lower-cost segments of that market.

We did the reverse. We started out with a great cost model. We almost started, not at the bottom, but half way down for consumer applications. Our first parts are going to be perfect for consumer applications.

Q: Can you be more specific? Can you say, for instance, cell phones?

Actually, cell phones will not be the first application. It will be more like television, games, portable electronics like PDAs and cameras. It’s consumer electronics that have a little bit lower performance spec, not the highest. Cell phones are really the next step up.

Q: Is the attractive element the size or the cost? What is the selling point?

I just received an e-mail from a couple of our VCs this morning and one of them said you know these consumer electronics people will switch to a lower cost part in a New York minute. It’s because of cost, but size is an important part.

We had considered that when we were introducing the technology there would be a delay period of acceptance of the technology into the market. I think there is still going to be a little bit of that. (But) the customers we have gone to so far pick it up in a second.

Q: Can you also talk about where they are doing sampling?

We are going to have a huge presence in Japan. Two-thirds of the world’s crystals are made from or sold by Japanese companies. All of our competitors are in Japan. A huge fraction of the world’s consumer electronics is designed in Japan and Asia. In fact we’re getting ready to set up SiTime organizations in Japan and China.

Q: Do you have a target date for selling products.

The way this normally goes is, they’ll have a couple of bugs in the CMOS chip that limit operation in some way and you have to do a respin of that and three months later you fix that problem. We’re kind of in that mode of fixing tiny problems. But we have parts that work now and are acceptable in 99.9 percent of specification.

We are sampling prototype devices to a few select people. We intend to be sampling production volumes in the September timeframe. We don’t intend to be in the tens of millions until the second half of next year. That’s the ramp-up plan.

Q: I asked you this question years ago, and I have to ask it again. Do you think this is going to be your last startup?

(Laughs) Umm, good question. I’m so confident and focused on making this one successful that I don’t really think that far ahead. If the right deal comes along at the right point in time, then I might do something. But I don’t really think about that. In fact, I told my wife several times, ‘I think this is the last one,’ and she said, ‘Nah!’


The Petersen file

Kurt Petersen is co-founder, chief executive and chairman of SiTime, a startup that makes silicon chips for timing and clock components in electronic devices. A veteran entrepreneur, Petersen also launched the companies Cepheid, NovaSensor and Transensory Devices. Cepheid, where Petersen was president and chief technology officer, went public in 2000.

Petersen is a member of the National Academy of Engineers and received the Simon Ramo Medal from IEEE in 2001. Small Times honored him with a Lifetime Achievement Award in 2005.

Those that survived the shakeout are coming on strong

By David Forman

Industry executives and analysts agree: The MEMS fab sector is turning a corner. Fab customers are announcing new products. Tool suppliers are reporting new sales to the fabs. And the fabs themselves are citing strong, if not record, growth. But the recent surge in fab activity is not only the result of new market pull. It also reflects a coming to terms with the hard lessons learned in the crash of 2001 and 2002, and experts say it could help encourage the MEMS sector to adopt more standardized processes.

The fabs themselves cite an uptick in activity. “We have seen a general increase across all customer profiles the last six to nine months,” said Richard Carter, business development director for INEX.

A public-sector facility in the UK focused on the development and commercialization of MEMS and microsystems products, INEX recently completed an upgrade to 6-inch wafers in order to meet anticipated demand. In its case, says Carter, the defense industry generates the most market pull.

Others agree. “We are up 40 to 50 percent over last year,” said Bruce Alton, vice president of marketing and business development at Micralyne Inc. The Edmonton, Alberta, fab has also nearly doubled its staff, from 85 a year ago to 160 today. The optical components industry is generating the most new demand for Micralyne’s services, according to Alton.


Employees at Edmonton, Alberta-based Micralyne Inc. work in a MEMS cleanroom. The company has nearly doubled its staff in the past year. Photo courtesy of Micralyne
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Investment has followed suit. The UK’s Department of Trade and Industry and Scottish Enterprise, an economic development agency, recently invested more than $26 million in a new MEMS manufacturing facility at Semefab, a Fife, Scotland-based fabrication services organization.

MEMS tool sales also have benefited from the trend. Surface Technology Systems plc, a Newport, Wales, maker of plasma processing technologies, recently announced an order worth more than $3.4 million from a major MEMS manufacturer for use in consumer products. The company said the order proves that major manufacturers are successfully using or selling devices for high volume applications such as automotive or consumer products. As a result of this and other sales, the company said its order book was at levels it hasn’t been since 2001.

MEMS industry analysts see signs of a rebound as well. “It’s an inflection point,” said Roger Grace of Roger Grace Associates.

It hasn’t always been this way. MEMS fabrication was hot in the late 1990s. Driven largely by overblown anticipation for telecom products, the fabs expanded rapidly and investors funded companies without adequate research into their prospects. Then the sector crashed when huge product sales failed to materialize.

The current market pull from various industries – defense, optical, consumer – would not have been sufficient to revive the sector if fabrication companies had not learned critical lessons in the last five years, Grace and others say. Among those lessons are: even though the MEMS and semiconductor industries share some processes, the economics of MEMS production and packaging are very different; the gap between prototyping a product in a lab and refining a real production process must be filled; and, market expectations should be thoroughly researched and realistic. The fabs that are doing well, says Grace, have absorbed these lessons.

Nevertheless, there is still a long road ahead. Despite the uptick in demand, overcapacity remains a problem. “With rare exceptions, people are still working at less than capacity,” said Grace. And a lack of standards remains an issue. Unlike the semiconductor industry which is centered on the CMOS process, MEMS fabrication processes are still generally proprietary and unique.

“We are evolving toward families of standards,” said Grace, adding that he is working with the trade group SEMI on expanding their list of MEMS standards beyond the current tally of two. “We feel that a judicious selection of standards will benefit the customers by lowering costs and providing a faster time to market.”

Going forward, he argues, growing demand could provide incentives for manufacturers to seek efficiencies from standardizing on families of processes. Like the personal computer industry of the late 1970s and early 1980s, there is now a plethora of competing processes, a fact that limits the industry’s overall growth. PCs experienced rapid growth after Microsoft’s DOS and Windows became the standards for personal computing. If the MEMS sector comes together around a suite of standard processes developed for specific applications, so the argument goes, then MEMS would be better positioned for a similar spurt.

Dear reader


May 1, 2006

Chris Mather had some reservations about my proposal, and for good reason. The idea was, well, unconventional. And risky, since it involved an audience that might not buy into the concept. But he kept his concerns to himself, telling me about his doubts only after my talk as we navigated through the night cleaning crew at the Great Lakes Science Center in Cleveland.

He had invited me to speak to Nano-Network, an association for the nanotech community in the Cleveland region. Mather, vice president of the technology-based economic development group NorTech, organized bimonthly talks and other events for Nano-Network. He and I had been discussing the possibility of a visit to Cleveland – my hometown – since the previous fall, eventually agreeing on a date in late March.

I suggested that I focus my talk on Ohio’s relative position as a nanotech leader. I could draw from Small Times’ annual analysis of state activities in research, innovation, company formation, venture capital investment and other factors that serve as measures of growth for a tech hub. But I wanted to add a twist. After years of overseeing the state rankings project for Small Times, I felt that the standard model used for this kind of analysis could be broadened.

Would adding business leadership put the results in sharper focus? After all, a startup with great technology but inexperienced executives could easily fail, while a company with mediocre technology but veteran leadership could prosper. And did proximity to customers matter? If these factors made a difference, how might we measure them?

I proposed a 40-minute talk that compared Ohio and New Mexico, two states that made the top 10 list in 2005 but for very different reasons. Then I wanted to turn the tables, using the question-and-answer session to pose my questions and see what kind of responses they would elicit.

Yes, it could have been dead silence. But instead a few hands rose in the audience. The first commentator talked about Midwest ethics, and how a person’s word was valued in Ohio. That quality of leadership, not quantity, mattered. More hands appeared. Inventors discussed frustrations with funding. Chief executives shared strategies. Researchers gave testimonials. My role shifted from speaker to moderator of an 80-or-so-person group discussion. After 45 minutes, we were threatened with being locked in with the janitors if we didn’t vacate the center.

A few weeks later I was reminded of that open exchange of professionals as I conducted interviews for an article about nanotech facilities. The story appears in our special report. Several planners mentioned their enjoyment at witnessing the swapping of ideas that occurred as scientists and engineers – heretofore strangers – met at preliminary gatherings to discuss what they hoped to achieve with a nanotech center. Some of those encounters have grown into the kinds of interdisciplinary research partnerships needed to push nanotech ahead.

And that may be my favorite trait of people involved in nanotechnology: their willingness to accept and even embrace otherness. Their willingness to step into the less familiar, the unfamiliar and the completely unknown is an inspiration.

For five years I have had the privilege to march alongside as we built Small Times from scratch. I now have an opportunity to do something similar with the startup Cleantech, whose focus on efficient and environmentally friendly technologies overlaps with nanotechnology in many ways.

So this is not a “goodbye.” It’s a “see you later.”

Candace Stuart is editor-in-chief at Small Times. She can be reached at [email protected].

Centers’ designs, philosophies foster collaboration

By Sarah Fister Gale

The $58 million Birck Nanotechnology Center at Purdue University brims with novelty. The facility features more than 22,000 square feet of laboratory space, including special low vibration, temperature-controlled rooms for nanostructures research. Its 25,000-square-foot Class 10-100-1000 nanofabrication cleanroom holds a biomolecular lab with separate entry and gowning areas and isolated air flow. It is the first such blended cleanroom design of its kind.

But what is perhaps its most advanced concept has nothing to do with equipment and labs. Purdue uses its showcase facility in West Lafayette, Ind., to bring researchers of various backgrounds together in revolutionary ways through its design and requirements.

“If you are going to work on the cutting edge of nano research, it has to be multidisciplinary,” said George Adams, research development manager for Discovery Park, which houses the Birck center. “The Birck center makes that connection. It increases opportunities for interaction among all of the disciplines.”

The Birck Nanotechnology Center draws researchers from multiple scientific and engineering backgrounds, enabling – or forcing – them to share equipment, lab space and opportunities for collaboration. It is a strategy that nanotech leaders around the globe say is imperative for advancing nanotechnology.

While only open a few months, the Birck center already supports several projects, including a combined bioMEMS and nanobiotechnology effort to create a micro-integrated system for the detection of Listeria monocytogenes.


The $58 million Birck Nanotechnology Center at Purdue University is a 187,000-square-foot facility designed to bring experts from different disciplines together under one roof to collaborate, share ideas and make innovations. Photos courtesy of Purdue University
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“Before we had the Birck center, this research was done in three different buildings,” said Raschid Bashir, a nanobiologist at Purdue who is working on the project. “This building is a dramatic improvement, not just because it speeds things up but because it enhances our understanding.”

Most scientists who work at Birck are similarly excited about the opportunities for interaction, although to ensure the teamwork philosophy is embraced, everyone who uses the facility must first complete a custom training course that covers operating procedures, equipment use expectations, protocol for how and when to use the lab space, and the center’s philosophy of shared space.

“This is not an optional course,” said John Weaver, facility manager for the Birck center. Weaver, who was in charge of developing the course, insists that everyone from senior staff to housekeeping complete it. “Everyone who uses the facility takes the training, and they don’t get their office keys until they finish.”

That approach, in which grad students train side by side with department deans, helps ease the potential for conflict among researchers from different disciplines who might think they deserve special treatment. “We are breaking down the behavior that leads to siloing,” Weaver said. “If you don’t embrace that philosophy, you can’t work in this center.”

To support the culture of cooperation once they get inside the doors, scientists are expected to share any equipment they bring into the facility. Labs are allocated to projects, not people, and the building’s open air design, communal office spaces, glass walls and white boards in the sitting areas encourage communication among researchers and students. “All scientists need white boards when they talk to each other,” joked Weaver.

The center also offers a full administrative staff who help manage paperwork and other “task interference items” that can slow projects down. “Our faculty are most valuable when they stay focused on their area of expertise,” Adams said. “The administrative support makes it easier for them to get big projects proposed and managed.”

There are still obstacles to creating seamless working relationships among different scientists, such as developing common terms and process strategies. But experts such as Jackie Ying, executive director of the Institute of Bioengineering and Nanotechnology (IBN) in Singapore, believe that giving them the space and technology to further their research goes a long way toward creating successful teams.

“We have found that people from different fields are able to learn the ‘language’ of other disciplines and share information with one another if they have a common work space,” she said.

For example, scientists at IBN working on a tissue engineering project can fabricate their devices in the cleanroom, deposit biomaterials in the chemistry lab next door, and then proceed to the adjacent cell culture room for in vitro experiments. IBN also holds regular joint group meetings and institute-wide research symposia for research staff and students to familiarize themselves with one another’s projects, exchange ideas and share expertise.

Like the Birck center, IBN adopted an open concept in the design of its laboratory and office spaces. All of the major equipment items are housed in shared equipment rooms, which are accessible to all researchers.

“We are very fortunate to have a first-rate research facility and a significant equipment budget, which allow us to provide our scientists, engineers and medical doctors with the various types of equipment to conduct their research,” she said, although she noted that creating physical spaces that accommodate the needs of all the researchers is tricky. The Nanos (IBN’s premises at a complex called Biopolis) features 96,000 square feet of lab space along with cleanrooms for microfabrication, and the staff faces ongoing challenges to find space for equipment and research that doesn’t conflict with the work of others.

“We have chemical fumehoods, which need to be separated from cell culture rooms. We also have special characterization facilities in the sub basement, such as high-resolution electron microscopes and nuclear magnetic resonance spectrometers,” Ying said. “As scientists of different disciplines require different tools and facilities, it has been particularly challenging to optimize the laboratory space at the Nanos.”

Patrick Boisseau has spent the last few years making similar efforts to link far-flung nanobio scientists in the European Union. He still struggles to help scientists gain access to interdisciplinary facilities similar to the Birck center or IBN.

Boisseau is the coordinator of Nano2Life at the NanoBio Center in Grenoble, France. Nano2Life is the first European Network of Excellence in nanobiotechnology supported by the European Commission under the Sixth Framework Program. Its objective is to make Europe a leader in nanobiotechnology by merging existing European expertise and knowledge in nanobiotechnology.

“The EU Commission is beginning to realize that most nanotech activities in the EU are fragmented,” Boisseau said. “We believe if you put people together you will go higher, faster, than if they were working alone.”


The Birck center’s glass facade, shown here in early construction, contributes to an open design that is meant to help researchers interact.
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Through Nano2Life, Boisseau tries to foster relationships among people, organizations and disciplines that will jump start research and result in marketable products. “It has to go further than polite collaboration,” he said. “Real integration means cross-dependency of partners, and that takes a long time.”

Founded in 2004, the network acts as a European nanobio think tank supporting an exchange of knowledge, ideas and vision among its members through the incubation of joint research projects, the networking of intellectual and technical resources, new education and training courses, and the transferring of technology.

Boisseau believes that if the EU is going to succeed in becoming a source of cutting-edge nanobio research, its scientists need to get beyond the obstacles caused by distance and language barriers. “I don’t know any organization in the world that can implement a project and develop a nano device on its own. If we want to succeed we have to work together.”

Part of that ambitious goal is creating centers of excellence in the EU where scientists can perform complementary research in the same space and develop relationships that will result in successful projects. “There is a minimum period of time it takes for scientists to get used to each other and become a truly integrated team with a shared vision,” Boisseau said. “Creating centers where these relationships can develop is key to bringing products to market.”

Most researchers agree that creating multidisciplinary teams for nano research will be easier in the future. For now, they say that creating opportunities and facilities where scientists can connect must be a priority for bringing nanotech products to market.

“It’s our job to enable research that will speed our understanding of nanotechnology,” said Purdue’s Weaver. “It’s the only way we can benefit society through our work.”

In 1849, gold was found at Sutter’s Mill in California. Alas, John Sutter never prospered by this discovery. The Supreme Court ultimately held he did not have proper title to this property. In 1889, Alexander Smith laid claim to valuable property during the Oklahoma land rush. Unfortunately, the Supreme Court held that he lost the property due to the illegal actions he took during his rush for land. In today’s emerging field of nanotechnology, where the mad rush has moved from real property to intellectual property, nanotechnology pioneers need to understand and adhere to the law when staking their property claims.

Patent law reform has become a Congressional agenda item as companies work to protect the nation’s technological innovations. Reforms focused on improving the quality of issued patents and curbing abusive patent litigation, however, could adversely affect nanotechnology innovators such as university researchers, sole inventors or small companies. As these potential patent law changes evolve, typical nanotechnology pioneers will need to pay close attention to cultivate their intellectual properties in view of these changes. Otherwise, the impact will hardly be nano.

The manner in which Congress has proposed to improve the quality of issued patents will tend to increase the costs to obtain a patent, an increase that smaller entities will feel more. Its proposed method to curb abusive patent litigation generally reduces the risk for third parties to infringe patents, lowering the value of the patents received.

This does not mean that Congress’ proposed changes to the patent laws are wrongful per se. To the contrary, the ramifications depend on a parties’ viewpoint (i.e., a large company vs. small, a patentee as opposed to an alleged infringer, or a technologist in an emerging technology as compared to a mature technology). However, since the typical nanotechnology innovator is a small entity, potential changes to the U.S. patent laws can have a big impact.

In its proposed changes, Congress has elected to bypass the first-to-invent standard and adopt a first-to-file scheme. This means the proverbial race to the patent office will be won by the swift and the cost of protracted interference proceedings between inventors will presumably be a thing of the past. Despite this proposed change, inventors must still continue documenting their inventorship process because only the true inventor may obtain a patent. The net result favors a strategy of filing patent applications (particularly provisional patent applications) early and often to protect a party’s innovations.

Congress also proposes to eliminate the “best mode” requirement (disclosing the best embodiment known by them when filing their patent application). Such requirement promoted full disclosure of the invention, rewarding people who were willing to share what they had discovered. Eliminating “best mode” will force nanotechnology patent applicants to walk a fine line between how much to disclose of their invention (to obtain a strong patent) and how much to hold back (to retain trade secrets to give themselves a competitive edge). In emerging fields, it is difficult to determine which aspect will ultimately have long-term value.

This leads to another change Congress proposes, namely allowing the patent office to put limitations on continuation applications. The present theory is that applicants could watch the industry develop around certain technology, and then amend their claims in a continuation application to cover these new developments. Again, the difficulty in patents and patent applications for emerging technologies is that there is less past knowledge of what will become important in the field as time progresses. Emerging companies must strive to make this determination early and to take steps to show they are not abusing the system to unfairly broaden their property claims.

Another change proffered by Congress is the ability of third parties to oppose patents for a period of time after they issue from the patent office. Patentees are legitimately concerned that the opposition process is subject to abuse by third parties. For instance, a large entity concerned about the issuance of a patent for a small entity may oppose the patent. The small entity would have little choice and endure a long and costly opposition proceeding well before any legitimate damages have begun to accrue. By such process, the large entity can prevail by attrition because the small entity may not have the resources or wherewithal to fight the opposition.

These are not the only changes proposed. Congress has targeted an applicant’s duty of candor, willful infringement, apportionment of patent damages, injunctive relief, prior user rights, venue issues and more. As these proposed changes are not yet final, they still may be modified or withdrawn before enactment.

What is important to realize now is that regardless of what the final changes to the patent laws turn out to be, nanotechnology pioneers must adapt to these new rules. Otherwise they will be like John Sutter, who literally stood on top of a pile of gold but somehow failed to own any of it.

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Ross Garsson is chair of the intellectual property section at Winstead Sechrest & Minick P.C. He can be reached at [email protected].

By Candace Stuart

Phil Haswell faced a formidable challenge. As the director of facilities for the engineering faculty at the University of Alberta, he was charged with finding the ideal location for the National Institute for Nanotechnology facility on the university’s Edmonton campus. Planners insisted that the six-story, $56 million center serve as a physical bridge for the diverse disciplines needed to create novel nanomaterials, nanodevices and nanosystems. That meant proximity to buildings used by chemists, physicists, biologists, life scientists, engineers and medical researchers.

At the same time, the facility’s environment needed to meet the high standards required to perform nanotechnology research and development. Labs had to be free of pesky electromagnetic forces and vibrations that permeate standard buildings. That was no easy task, considering that everyday factors like transmission lines, rumbling traffic and even jiggling elevators can cause perturbations that affect the sensitive microscopy tools used in nanoscience and nanotechnology.

“We needed to have as much (interdisciplinary) interaction as possible,” Haswell said. “Our success will be influenced by that interaction. But if the perfect site with no EMI (electromagnetic interference) or vibrations was out on a farm, that wouldn’t do.”

Haswell knew that diverting large amounts of his limited building budget toward EMI shielding and reinforced flooring and foundations wouldn’t do, either. Instead, he compromised.

“We did a site survey,” he said. “Where we found low EMI and vibration were coincident, that’s what we chose.”

The designers, builders and overseers of the nanotechnology research centers being erected on campuses worldwide agree that money alone won’t guarantee a quality facility. Many environmental problems that are inherent in a campus location can be minimized if not totally avoided with strategic placement of buildings and labs. That, in turn, requires foresight and careful analysis.


It took about two years for builders to complete the National Institute for Nanotechnology. The facility on the University of Alberta’s campus is now ready for occupancy. Photo courtesy of University of Alberta
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“The projects that I feel have not been successful have not been well studied ahead of time,” said Ahmad Soueid, senior vice president of HDR Architecture Inc. HDR has overseen the construction of numerous high-profile nanotech centers, including the Advanced Measurement Laboratory for the National Institute of Standards and Technology and the Birck Nanotechnology Center at Purdue University.

“This is not the standard lab of the past,” Soueid added. “No one can really provide a 100 percent solution. They’re balancing requirements and deciding which is most important.”

Thanks to its ability to find the sweet spot – or more accurately, the semi-sweet spot – the National Institute for Nanotechnology is positioned to become a leader in nanotech research. Construction finished in 2005 and installation of equipment began this spring. About 120 researchers and staff from Canada’s National Research Council, which partnered with the university to create the center, are expected to claim offices and labs in May and June. Another 275 graduate students and post-doctoral researchers plus 45 workers from industry and other universities are expected to move in as well.

Many universities are racing to build high-quality research centers to support nanotech innovation. Like the University of Alberta, they want to be at the forefront of nanotech research, and know that a facility that can accommodate state-of-the art equipment will entice top-notch faculty. State and national governments support the construction and recruitment efforts in hopes that university-based discoveries will lead to new companies, high-paying jobs and a stronger economy.

“You have to have the facilities to attract the faculty, and you have to have the faculty to attract the students,” said Luis Carrazana, associate director of capital and physical planning at the University of California at Riverside. UC-Riverside is poised to begin construction on a $65 million materials sciences and engineering building that will include research facilities, imaging laboratories and a cleanroom. “Part of our role is to be an economic engine for the region.”

Carrazana faces an even greater challenge than his colleagues in Canada. Riverside’s poor soil quality coupled with rising costs for material and labor are eating away at his resources, even before the first shovel has been lifted. The building will require concrete piles that he estimates will make the foundation four times more expensive than is the standard.

Marginal environments can be made into suitable nano centers if the need justifies the costs, EMI and vibration experts say. Planners should conduct a thorough analysis of indoor and outdoor environmental factors to identify the regions within the building that will require the least amount of tweaking to become low vibration and low EMI sites.


Shielding protects a scanning electron microscope developed at the National Institute of Standards and Technology from acoustic vibration. The instrument is housed in the metrology wing of NIST’s Advanced Measurement Laboratory. Photo courtesy of HDR Architecture Inc./Steve Hall © Hedrich Blessing
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Hal Amick, vice president of technology with the acoustic and vibration consultants Colin Gordon & Associates, said even a campus bordered by what he considers the nemesis for a nano lab – railroads – succeeded in building a center. The University of Louisville offers a research facility despite having railroad tracks abut three sides of its campus. “We found the sweet spot that was farthest from the rail,” he said. “It’s a really stiff building.”

Amick, who also was a consultant on the Alberta, NIST and Purdue projects, said that on campuses heavily trafficked roads cause one of the greatest outdoor problems. Indoor troublemakers include elevators, doors and hallways. The solution may be to place the most sensitive labs away from those traffic ways. But some labs, such as a high-quality metrology lab at the Birck center, are so sensitive that they need to be built on special foundations and use thick concrete slabs on bearings to ensure little to no vibrations.

“Are they developing new technology or are they using existing technology?” Amick said. “The demarcation is the science they’re doing.” If a center is pushing the envelope and making new tools, for instance, then it may prefer to spend a lot on vibration-isolation technologies to ensure that subtle environmental factors don’t taint results.

Like vibrations, EMI issues can occur from external and internal factors, said Lou Vitale, president and chief engineer at VitaTech Engineering LLC. Common sources include transmission lines and electrical wiring, as well as moving vehicles and elevators that perturb the geomagnetic field. Even a chair scraping the floor or a neighbor’s computer may cause problems. Many of these factors can be identified and controlled, he said.

“If you do it right, you may not need shielding,” Vitale said. Of his “30 or 40 little secrets” he listed twisting wires, relocating switch gears, conduits, and electrical panels and spacing equipment. “The best solution is the separation of sources.”

Sometimes it is as simple as working at times when EMI and vibration sources are idle. At some facilities, researchers know to conduct sensitive experiments in the evening or nighttime hours.

The ultimate goal is to avoid retrofitting a facility after it is up and running. Haswell said the National Institute for Nanotechnology dodged a bullet when planners realized that researchers would be demanding access to powerful computers. Builders needed to compensate for the heat the computers would produce by doubling the cooling capacity in certain areas.

“Fortunately we could squeeze it in,” Haswell said. “It was an expensive change but we had to do it.”

The first bit of strategy needed to complete a strategic transaction occurs well before the buying and selling of a company. It most likely starts with the selection of an investment banker who specializes in mergers and acquisitions. Here are few pointers for evaluating whether an M&A banker is the right fit for your company.

Do you have a buyer at the table? The first conversation you have with a banker about your transaction will be filled with many questions. A very important line of questions will be related to interest from other companies. Expect an experienced banker to ask specifically about ongoing discussions with an interested party or potential buyer. Experienced bankers should take time to understand the details and nature of your relationship with a potential buyer, allowing future conversations between the banker and potential buyer to be properly positioned and maximizing the potential for a strong negotiation on your behalf.

Are you kidding, free advice? An experienced banker also should provide immediate advice to prevent you from making costly errors and may validate actions you have already taken. If a banker is not willing to provide such advice prior to a formal engagement, he or she is not only missing an opportunity to build trust, but also impacting the potential to maximize the value of your company. Following this conversation you should understand how to implement the banker’s advice to improve your negotiating position and the probability of sustaining or increasing the value of your company in a transaction.

If you are selling technology, look for a geek. Does the banker understand your technology or fundamental business? For example, if your company uses the Schrodinger equation to model complex electron flows through nanostructures, hire a banker who can articulate the essence of your platform to each potential buyer. A banker with a technology background will drive value through better identification of synergies and increased credibility with the interested parties.

Develop the company, and then sell it. Your banker should be an extension of your business development team. The greatest leverage for a company in a negotiation is its ability to continue to be self-sustaining, i.e., to be able to walk away from any transaction. Look for a banker who understands negotiating partnerships or mergers with large corporations and supports your “go-it-alone” strategy. If the banker is not willing to invest the time to help you increase your value through a partnership instead of an M&A transaction, he or she is probably just looking for a quick fee.

Why sign another non-disclosure agreement? Find a banker who understands the importance of M&A law and will provide a knowledge bridge during the time it takes find a savvy M&A attorney. Many companies begin transaction negotiations under pre-existing non-disclosure agreements (NDAs), assuming they are protected. Unfortunately private companies do not routinely include non-solicitation agreements and public companies do not routinely have stand-still provisions embodied in their off-the-shelf NDAs. Your M&A banker should ask about the status of your legal protections and should work with your selected legal counsel. Avoid bankers who avoid lawyers.

Companies are bought, not sold. Corporations are becoming sophisticated acquirers of companies and technologies, using in-house business development teams to seek out and acquire properties. Look for a banker who will use targeted solicitation to educate potential buyers, facilitate meetings between management and corporate product or business development teams, and leverage any interest to create a competitive environment for your company’s transaction.

Do not fall victim to the promise of an ultra-high valuation. Avoid hiring a banker who promises to sell your company at aggressive valuation multiples of forward revenues without providing comprehensive comparable transaction analyses to back up his or her claims.

Hiring the right M&A banking team to provide advice will ultimately increase the probability of generating significant value for your company in any transaction. If you look for the skills and characteristics discussed above and trust your instincts, you will find the right adviser to complement your team.

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Christopher Hieb is the senior vice president on the mergers and acquisitions team at WR Hambrect+Co. He can be reached at [email protected]

Industry pinpoints research areas for $20 million GoodFood project

By Genevieve Oger

Food scares of recent years such as madcow disease, listeria and now bird flu have led food regulators to become increasingly picky about what ends up on their citizen’s dinner tables. To ensure food risk is kept to a minimum, the European Union has funded a scientific project designed to put micro and nanotechnolgy to work in detecting toxins or pathogens in food before it gets into local kitchens.

“Many microtechnologies have been developed for home appliances, the environment and the automotive industry,” said Carles Cane, coordinator of the GoodFood Project and microtechnologist at Spain’s National Microelectronics Center. “But they haven’t been used in the agro-food industry very much and there are quite a few medical applications that can be adapted to address things like food safety and food quality.”

The $20 million GoodFood Project is looking at seven areas of food safety and quality, including the presence of antibiotic residues in milk, optimal growing conditions for wine, detecting toxic fungi in food and freshness control for fish and fruits, among others.

Food businesses determined the areas of research, choosing sectors where testing for food safety could be improved. Swiss multinational Nestle came on board because it was interested in finding a better way to test for antibiotics in milk used in its many dairy products; their presence can lead to germ resistance in human antibiotic treatments.


Onsite testing at farms prevents contaminated milk from mixing with other milk in transport trucks.
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“International laws impose maximum residue limits in milk,” said Jean-Marc Diserens, senior research scientist at Nestle in Lausanne. “But our tolerance is zero when it comes to making baby products.”

The idea is to create an inexpensive portable testing device that would let truck drivers picking up milk at different farms test the milk onsite before allowing it in the truck, so as to avoid mass contamination of the day’s load. Currently, two testing systems are used. The first takes three hours and can detect three families of antibiotics. The second test detects penicillin-related antibiotics in about five minutes, thanks to a dip-stick placed in a vial of milk.

“That test costs about three euros ($3.62), but it’s also a question of time, because every minute saved in the pickup process will be money saved for the transport company,” Diserens said.

The team led by Guy Voirin, head of biosensing in the Nanotechnology and Life Sciences Division at the Swiss Center for Electronics and Microtechnology, is looking to develop a cheaper and faster way to check for residue from several antibiotics. Voirin has designed an optical microsystem capable of detecting concentrations of the sulfapyridine antibiotic as low as 10 nanograms per milliliter, much lower than European regulations require.

“So far, we are able to detect one antibiotic, but are hoping to increase that to 10 or more,” Voirin said, adding that the long-term plan is to adapt the testing device to other foods, such as honey, as a way of amortizing research costs.


Portable devices are used at dairies to ensure milk is antibiotic-free. Photos courtesy of Nestle
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GoodFood is also testing a means to improve wine production through automatic nodes and sensors capable of analyzing vine growth, leaf temperature, soil moisture and air temperature and humidity. The system is being assessed in Montepaldi, Italy, at a research farm owned by the University of Florence. The information collected by the sensors in the vineyard is meant to help managers make the most informed decisions regarding harvesting, watering and other vine treatment to ensure the best quality wine.

Generally speaking, GoodFood aims to take the analysis away from the laboratory, to get it closer to the food, either where it’s grown or where it’s being transported for consumption. Most of all, the solutions found have to be cheap and easy to use.

“The closer you get to the food producer, the more inexpensive and simple to use these tools need to be,” said Diserens. “We can’t force farmers to use complicated devices or to invest a lot of money in a detection system.”

Most of the tools being developed by the GoodFood Project still need to mature. Once the EU initiative wraps up in mid-2007, the majority of the projects will be at the prototype stage. “Then it will be time for industrialists to take over and to develop real applications,” Cane said.

By now we should have learned some key facts about a Magic Nano consumer recall in Germany. In early April, the Federal Institute for Risk Assessment in Berlin announced that at least 77 people had reported respiratory problems after using the cleaning product. Whether Magic Nano actually contained nanoparticles or not, our community can learn lessons from early coverage of the story.

1. Hype will precede the facts. In the case of Magic Nano, stories on the risks of nanotechnology and demands for research moratoriums were pronounced and given press well before it was known what caused the respiratory illnesses.

2. As we all know, the press and other publicly available information services don’t always get it right. It has been amazing to watch the amount of misinformation that gets disseminated and passed on from one report to the next. It’s like a game of telephone: The tale coming out at the end has little resemblance to the original message.

Did 77 or 79 people become sick? Did they all have “severe respiratory problems” or just “breathing problems and coughing”? How many were hospitalized and for how long?

As a source for some reporting to the government, I’d like to clarify one of the mistruths that seemed to have started with the release of the Wilson Center’s nano product list. In a products report that Small Times assembled, which in no way was meant to be a comprehensive list, we identified about 80 consumer products that could be classified as nano-based. Unfortunately I keep seeing in print that the government was estimating there were only 80 nano consumer products on the market. The change in the message from “at least” to “only” implies that the government was asleep at the wheel.

3. Authoritative industry voices are being drowned by the easy-to-reach associations and groups that have clear agendas in getting their names in print. I loved Tim Harper’s blog comments on April 8 and 9 (www.cientifica.com/blog/mt/), but his fiery responses to Washington Post articles on Magic Nano and nano worker safety didn’t make the popular press. I could find no responses from nano business alliances in Europe, the United States or Canada, even several weeks after the story hit the press.

The truth is that reporters work on deadlines. They need to be able to quickly reach an authority and get a quote. This community must make a concerted effort to make experts available and known to the national press.

4. There are many responsible journalists who will do their fact checking and get the whole story. The lack of immediate pickup of the Post article was perhaps a sign that the story was seen as more hype than substance. Unfortunately, good reporters also work on tight schedules. Someone needs to take responsibility for quickly assembling a credible industry response, putting out statements/releases as the stories progress, and helping to guide the direction of the message.

Speaking of messages, I can’t be the only one frustrated when the term “nanoparticles” is used generically in the mainstream media. You would think that all nanoparticles are a homogeneous bunch that are either all good or all bad. Of course, some nanoparticles are going to be toxic and some are going to be benign. What’s the element mix and what is the molecular structure? Is the nanoparticle locked in a clad-tight battery casing or is it slathered directly on your body as sunscreen?

For the time being, the public trusts the products on the market. When was the last time you saw a store clerk asked about the safety of a night cream? That lack of concern is understandable. We are desensitized. There are a lot of scary looking ingredients in personal care products and cleaning solutions, whether they have nano in them or not.

Could there be a public backlash against nano? Sure. But it is hard to rally against something that is so difficult to define. Would you protest against just manmade carbon nanotubes or include nanotubes found in nature through fire remnants? Should you prevent research on nanoshell cancer treatments or stop the mills in India from producing nanocoated fabrics? Would a “throw away your nano-enabled cell phone” campaign go very far?

5. This leads me to my last point. Few people would argue against trying to educate the public on nanotechnology, but the consortium needed to make an impact does not exist yet. Consider what the dairy industry achieved with the “Got Milk” campaign. Of course, the dairy farmers and producers focused on one core product/ingredient, not thousands. However, if the vertical industry associations, Fortune 100 technology leaders and public policy groups could team up on educating the public on the benefits of nanotechnology, it would help put the risks – of which there are many – in perspective.

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