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Press Releases

David P. Flynn to Speak at Chemical Products Liability and Environmental Litigation Conference  More

David P. Flynn Delivers Keynote Address at RPI’s Nanobiotech 2007 Conference  More

David P. Flynn Presents at DuPont Legal Network’s Annual Meeting  More

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While nanotechnology deals with the incredibly small, the industry’s growth potential is enormous. More than 1,000 companies worldwide were active in nanotechnology research in 2010. In addition, global sales are projected to approach several trillion dollars by the year 2015, according to some industry estimates.*

The rapid development of new nanotechnologies creates a highly unique set of marketplace challenges for manufacturers, regulators and the public. Utilizing a team-based approach, Phillips Lytle’s Nanotechnology attorneys are poised to assist clients ­– from start-ups to FORTUNE 500 companies – with bringing their products to market, identifying and quantifying risks, and maintaining compliance with applicable laws and regulations in this constantly evolving field.

As nanoscale materials become more prevalent in the marketplace, manufacturers and others will need to better understand the risks and returns associated with nanoscale products. From clean, affordable energy to stronger, lighter and more durable materials to medical devices and drugs that detect and treat diseases more effectively, nanotechnology promises to improve lives and contribute to economic growth. Phillips Lytle’s team of Nanotechnology attorneys is positioned to address the many legal and regulatory implications of this field.

*Source: Lux Research, July 22, 2008

Regulatory Compliance

As with any new and energizing technology, regulations governing the manufacture and use of nanoscale materials will likely be evolving for a number of years. Phillips Lytle attorneys and clients have been involved in the structuring of regulatory and risk management programs which are now in place. We can help our clients comply with regulatory programs in both the short- and long-term, and implement product development and stewardship approaches to mitigate risk.

Engineering and Technology

Products liability and intellectual property issues weigh heavily on the minds of manufacturers of nanoscale materials. They require sound preventive counsel and vigorous legal defense when issues arise.

Our attorneys with engineering and technology expertise have the advantage of seeing products from a unique perspective; we are able to assess the risk of liability during the design phase – before the product ever enters the market. We are also able to make significant contributions when working with risk management and engineering and design teams to identify potential implications with nanoscale products. Our attorneys’ engineering backgrounds enable us to quickly understand the technical aspects that underlie the legal issues.

This cross-disciplinary group consists of attorneys from practices including Products Liability, Commercial Litigation, Class Action, Intellectual Property, Corporate and Securities.

Intellectual Property

Phillips Lytle has been protecting clients’ assets and helping maximize their value for more than 175 years. For most of that time, assets were tangibles – such as land, buildings, supplies and equipment. In nanoscience, some of our clients’ most valuable assets are chemical formulations or research. Protecting these intangibles from illegal use is much more difficult, as intellectual property can be stolen or copied without anything being physically missing.

Our Intellectual Property attorneys vigilantly protect our clients’ domestic and foreign patents, trademarks and copyrighted materials against unfair competition, unlicensed use and theft. They have extensive experience prosecuting domestic patent applications in virtually all technical disciplines including chemical, mechanical and electrical cases. In addition, they regularly file and prosecute foreign patent applications under the Patent Cooperation Treaty (PCT) and European Patent Convention (EPC). And, accordingly, they have developed strong working relationships with 109 international law firms in 47 countries. They also file and process domestic and foreign trademark applications. This allows us to economically and efficiently obtain patent and trademark protection for our clients worldwide, while maintaining the ability to personally monitor and provide critical information and counsel on pending foreign matters without extensive travel outside the United States. The attorneys at Phillips Lytle also regularly conduct intellectual property audits, and render validity and infringement opinions.

Venture Capital

Ingenuity needs money to flourish. At Phillips Lytle, we’ve been bringing entrepreneurs and investors together for more than 175 years. We’ve been working with bankers, investors and business people since before the days of Alexander Graham Bell and Thomas Edison. We’ve grown alongside the technologies that have revolutionized the world and brought great wealth to the entrepreneurs who harnessed them, and to the investors whose capital enabled those technologies to be brought to market.

Today’s opportunities lie in nano materials, genes, chips, atoms, alternative energy, green initiatives and other new technologies and business models. Phillips Lytle works with startups, emerging growth companies, venture capital and private equity funds, educational institutions and corporate research departments. We bring these groups together through a practical and cost-effective approach that makes good business sense for all parties involved. Our attorneys ease the tension between entrepreneurs who want to protect their ventures and stakeholders who want to protect their investments by designing agreements that strike a balance between control and security.

Our Venture Capital Team is comprised of multi-disciplinary attorneys who provide expertise in intellectual property, licensing, sales, distribution and other commercial arrangements, employment and executive compensation, credit arrangements, and mergers and acquisitions.

David P. Flynn
David P. Flynn

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