Nanotechnology Lawyer & Attorney : Porter Wright Morris & Arthur : Nanotechnology Law Report - Germanium nanobead image provided by UT-Battelle, which manages Oak Ridge National Laboratory for the Department of Energy

Ed. note: every Friday (more or less) Nanotechnology Law Report's David Fischer will look back at the week’s news and analysis of nano related issues.  If you have something you’d like to bring to our attention, email him.

• Occupational Hazards reports on the expected NIOSH nanotech guidelines.
• Nanotechnology Law Report's Patrick Lewis, via Slashdot, gets in the holiday mood by explaining that Santa uses nanotechnology.
• NanoTechWire reports that researchers from the Swiss Nanoscience Institute in Basel have developed a rapid method to detect the activity of a gene involved in controlling tumor growth.
• Nanodot proudly notes that the first of Forbes' top five nanotechnology breakthroughs in 2007 is the winner of this year’s Foresight Institute Feynman Prize in Nanotechnology.
• At blog~nano Rocky Rawstern predicts the nano headlines of 2007 (including "Extensive use of nanotubes in composite materials").
• Soft Machines reports on the Avignon nanotechnology ethics conference “Ethical and Societal Implications of the Nano-Bio-Info-Cogno Convergence”.

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North Carolina State University professor Larry Silverburg recently provided an engineer's perspective on how Santa Claus can deliver so many presents in one night.  Among Santa's most crucial technological innovations is a nano toy-maker:

His reindeer – genetically bred to fly, balance on rooftops and see well in the dark – don’t actually pull a sleigh loaded down with toys. Instead, each house becomes Santa’s workshop as he utilizes a nano-toymaker to fabricate toys inside the children’s homes. The presents are grown on the spot, as the nano-toymaker creates – atom by atom – toys out of snow and soot, much like DNA can command the growth of organic material like tissues and body parts.

(h/t Slashdot).  With that in mind, we at NanoLawReport wish you and yours a Merry Christmas, happy holidays, and best wishes for a joyous New Year!

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According to a December 21, 2006 press release, both outgoing House Science Committee Chairman Sherwood Boehlert (R-NY) and incoming Chairman Bart Gordon (D-NT) urged the Bush administration "to establish a research agenda with clear priorities to ensure a greater understanding of the potential environmental, health, and safety risks associated with nanotechnology."  

I suspect that in 2007, the new Congress may well push a nanotechnology safety initiative.  Nanotechnology safety issues are increasingly being publicly discussed, especially given Berkeley's new regulations and NIOSH's recent interest in occupational nanotechnology safety.  Andrew Maynard's proposal, discussed in Nature in connection with the National Nanotechnology Initiative, so far looks to be the most comprehensive public proposal -- the press release expressly references it.   We previously reported on Maynard's proposal here and here. 

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• A report from Europe reveals that the leading nanotechnology users in Europe are cosmetic companies.
• The Nano Science and Technology Institute has a very interesting and informative article on "Where Science and Law Meet" about nanotechnology and intellectual property issues.
• On this humble site, Patrick Lewis slightly expands the definition of nanotechnology in order to blog about geckos and Michael Heintz wonders if nanotubes can swim.
• The BioVision World Life Sciences Forum is scheduled for March 11-14 and features, among other nano-related sessions, a session on "nanotechnology and life sciences."  The conference is in Lyon, France - I know it will be a hardship but this humble soul is prepared to suck it up and attend if necessary.
• Advanced Nanotechnology analyzes Samsung's plan for terabit flash memory.
• The Washington Post (via Nanodot) reports that public schools in Mexico will soon teach nanotechnology but US public schools will not.  If you open only one link from this post, make it this article.
• Nanotechbuzz reports on University of Tokyo researcher's development of photoconducting nanostructures which are nanocables that convert light into electricity.
• Finally, Mayo Clinic researchers have successfully isolated nanoparticles from human kidney stones in cell cultures and have isolated proteins, RNA and DNA that appear to be associated with nanoparticles.

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A gecko's amazing ability to cling to walls and ceilings is an ability that scientists have studied for decades.  Recent research suggests that the gecko's abilities owe to 200 nm adhesive hairs on the gecko's feet.  While the traditional definition of nanotechnology requires that the material be smaller than 100 nm, we are willing to make an exception for the gecko. 

Nanowerk reports that researchers at the Max-Planck Institute for Metals Research in Germany have leveraged this research to create new adhesive materials:

Copying the biological adhesive mechanism, the Max-Planck scientists used the insights gained from their years of research to develop a material with a biomimetic structure that exhibits excellent adhesive qualities. The special surface structure of the material allows it to stick to smooth walls without any adhesives. Potential applications range from reusable adhesive tape to shoe soles for climbing robots and are therefore of considerable relevance to technology.

The Nanowerk article is unclear as ot whether the new material actually employs nanoscale fibers.  This actually raises an intriguing question about nanotechnology regulation;  if we accept that 100 nm is the largest "nanomaterial," then presumably gecko feet and other "almost" nanoscale materials are not subject to the regulation.  However, I am not sure whether the alleged human health hazards associated with nanomaterials sharply diminish once the particle exceeds 100 nm in length along any one axis.   

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Researchers at the Georgia Institute of Technology (Georgia Tech) have discovered that multi walled carbon nanotubes will remain suspended in water for a month or longer when combined with other organic materials.  The January issue of the journal Environmental Science & Technology , will fully report the findings by Assistant Professor Jaehong Kim, Professor Joseph Hughes, researcher John Fortner, and graduate student Hoon Hyung.  However, the initial conclusion from the experiments is that multi walled carbon nanotubes are easily dispersed throughout the environment due to their extended suspension in river water.  The nanotubes interacted with the organic material found in water from the Suwannee River, and as a result, remained suspended in the water.  As reported by Georgia Tech,  "Carbon nanotubes, which can be single- or multiwalled, are cylindrical carbon structures with novel properties that make them potentially useful in a wide variety of applications including electronics, composites, optics and pharmaceuticals."

This, of course, adds to the body of science regulators are looking to as the try to develop sound policy for governing nanotechnology.  Check back for updates as the full report on the experiment is released.

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By, Jaime T. Landrum:

As the impact of nanotechnology grows, more companies are considering the utilization of nanotech products and processes in the workplace. Questions regarding nanotechnology's effect on the American worker, however, come side-by-side with these business decisions. As reported at Occupational Hazards, The National Institute for Occupational Safety and Health (NIOSH) is expected to issue guidance for employers facing these problems.

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Ed. note: every Friday (more or less) Nanotechnology Law Report's David Fischer will look back at the week’s news and analysis of nano related issues.  If you have something you’d like to bring to our attention, email him.

• Berkeley, California is on the verge of becoming the first city to pass regulations regarding nanotechnology; the ordinance would "amend its hazardous materials law to compel researchers and manufacturers to report what nanotechnology materials they are working with and how they are handling the tiny particles."  In light of a recent AP report that there "are no known businesses within Berkeley city limits working directly with nanomaterials," its immediate impact is somewhat unclear.  However, it is nevertheless of national significance because the Berkeley government has stated that they want others to duplicate the regulation in other health and safety codes in California and around the nation.  
• Pharmos Corporation "completed its initial analysis of data from a recently completed Phase 1 study of its proprietary NanoEmulsion topical drug delivery technology formulated with diclofenac"; Nanotechnology Law Report's John Monica compares this finding to conclusions reached by the Cosmetic, Toiletry and Fragrance Association.
• University of Utah researchers report that  "a unique approach, utilizing nanoparticles, to transport chelators and chelator-metal complexes in both directions across the blood-brain barrier" provides a "safer and more effective chelation treatment in Alzheimer disease and other neurodegenerative diseases."
• Advanced Nanotechology gives us 10 superconducting related technology predictions for the coming year.
• Responsible Nanotechnology has an excellent analysis on new developments on single-molecule surface placement.
• Fortune Magazine reports that GE's chairman, Jeffery Immelt , is focused on nanotechnology: "Nanotechnology - we're going to own it."  Advanced Nanotechnology does that math and finds out that "GE is spending in the range of a few hundred million and maybe a billion dollars on nanotechnology and molecular medicine."
• The Woodrow Wilson International Center for Scholars held a panel discussion on "Nanotechnology:  The Story Behind the Headlines."  You can view a webcast of the panel on its website.
• Nanotechnology Law Report's Michael Heintz analyzes the placement of "nanomaterials" on DOD's emerging contaminants watch list.
• Please forgive the shameless self-promotion, but on Antitrust Review, I break down the Department of Justice's new charging guidelines and highlight the significant changes relating to attorney-client privilege and the advancement of legal fees; a must-read, if I do say so myself, for everyone involved, or who might be involved, in a federal government investigation.

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As a follow up to our November 14, 2006 article, Pharmos Corporation recently announced the completion of another first round of testing of a topical cream used as a drug delivery device for an anti-inflammatory drug. Again, the tests were successful. See "Pharmos completes Phase 1 study of topical Diclofenac NanoEmulsion cream," Law & Health Week via NewsRx.com, December 16, 2006.

JCM: It is interesting to compare what Pharmos is doing with its Diclofenac NanoEmulsion to the Cosmetic, Toiletry and Fragrance Association's October 10, 2006 "Nanotechnology White Paper: The Use of Nanotechnology in Personal Care Products," (maintaining scientific evidence confirms a lack of dermal absorption of nanoparticles).

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Ed. note: every Friday (more or less) Nanotechnology Law Report's David Fischer will look back at the week’s news and analysis of nano related issues.  If you have something you’d like to bring to our attention, email him.

• The big event this week was the International Conference on Nanotechnology Occupational and Environmental Health & Safety in Cincinnati, Ohio.  Nanotechnology Law Report's John Monica filed two reports (one, two) and Nanotechbuzz's George Elvin filed one too.
• Nanopublic on why red milk is one nano product that will not work.
• Nanodot previews a new book by German physicist Jürgen Altmann of Dortmund University on military nanotechnology; it sounds very interesting (Responsible Nanotechnology also posts about this book).
• Nanotechbuzz on nanotechnology and toothpaste and nanotechnology and molecular computers.
• Nanotechnology Law Report's Patrick Lewis examines consumer attitudes towards nanotechnology and Michael Heintz on the Berkley City Council's consideration of code amendments to require additional reporting by companies which produce or use nanotechnology.
• The ASTM International Committee on Nanotechnology approved its first standard: Terminology of Nanotechnology.

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Rice University's Center for Biological and Environmental Nanotechnology, together with researchers from University College London and the London Business School, released the results of a major consumer research study that sought to measure public perceptions of the risks & benefits of nanotechnology.  As reported in PhysOrg,

The largest and most comprehensive survey of public perceptions of nanotechnology products finds that U.S. consumers are willing to use specific nano-containing products – even if there are health and safety risks – when the potential benefits are high. The study also finds that U.S. consumers rate nanotechnology as less risky than everyday technologies like herbicides, chemical disinfectants, handguns and food preservatives.

The study also found that American consumers did take nanotechnology's possible health risks into consideration when evaluating whether they would purchase products containing nanotechnology:

One survey polled consumers about how likely they would be to use four specific, nano-containing products: a drug, skin lotion, automobile tires and refrigerator gas coolant. This is the first large-scale study to experimentally gauge the public's reaction to specific, nano-containing products, and [Professor Steven] Currall said the use of scenarios about plausible, specific products yielded results that challenge the assumption that the public focuses narrowly on risk.

"It was clear that people were thinking about more than risk," he said. "The average consumer is pretty shrewd when it comes to balancing risks against benefits, and we found that the greater the potential benefits, the more risks people are willing to tolerate."

Their findings were published in the journal Nature Nanotechnology.  You can access the full article here (subscription required). 

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At this morning's session of the International Conference on Nanotechnology Occupational & Environmental Health & Safety in Cincinnati, Ohio, Daniel Japuntich, Division Scientist at 3M, presented "Filtration and Respirators: Current Knowledge."  Japuntich shared 3M's research findings indicating HEPA respirator materials are effective in filtering nanoparticles down to three (3) nanometers in size. 

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At today’s session of the International Conference on Nanotechnology Occupational & Environmental Health & Safety in Cincinnati, Ohio, Altairnano President and CEO -- Alan Gotcher -- and Health Safety and Environment Facilitator -- Tabitha Maher -- both gave presentations regarding Altairnano’s environmental, health, and safety (EHS) efforts centered around the company’s use of nanomaterials.

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The December 4, 2006 on-line edition of the Proceedings of the National Academy of Sciences is set  to publish findings from a recent in vivo animal study researching the possible health effects of SWCNTs deliberately injected into the bloodstream.  Scientists at Rice University and the University of Texas are said to have found that carbon nanotubes are filtered from the bloodstream by the liver over one hour after injection.  The scientists are also said to have sampled tissue from various locations in the test animals and apparently found SWCNT deposits in the liver, and trace amounts in the kidney -- both of which were expected.  Preliminary reports believe the study supports the conclusion that there are no immediate adverse health effects from SWCNTs injected into the bloodstream.  Look for more information about this study in upcoming posts.

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Ed. note: every Friday (more or less) Nanotechnology Law Report's David Fischer will look back at the week’s news and analysis of nano related issues.  If you have something you’d like to bring to our attention, email him. 

• PhysOrg.com reports on a prototype nanoknife that could be used to cut and study cells more precisely.
• The National Cancer Institute revealed that nanoparticles can be used to improve drug targeting. 
• NC A&T and UNC-Greensboro are jointly opening a School of Nanotechnology in Greensboro, NC. 
• Howard Lovy at Nanobot believes that the nano industry is spinning too much. 
• Nanopublic reports that manufacturers of consumer goods are removing nano labels from products.
• NanoTech Buzz and nanoSTUDIO speculate about what a building made of nano materials might look like.
• Christine Peterson at Nanodot on the nanotechnology patent backlog and delay.
• Mike Treder, Executive Director of the Center for Responsible Nanotechnology, and the Responsible Nanotechnology blog, quest posting on Mind Full, answers the question "Nanotechnology - What is it, really, and how important will it be for our futures?"

• Finally, (warning: shameless plug ahead), John Monica, Patrick Lewis and Michael Heintz of Nanotechnology Law Report all discuss the EPA's decision to regulate silver nanomaterials (Patrick, Michael and John).

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