When Alfred Nobel invented dynamite in 1866, his intention was that the explosive would be used in construction. As a result of an accident in his lab, he discovered a way to make nitroglycerin safer and less volatile to handle and it could be easily detonated. He envisioned canals being built faster. He knew that blasting rock, drilling tunnels, building railroads and many other forms of heavy labor would become easier. He patented dynamite, as well as 354 other inventions, and became a very wealthy man. But Nobel was also a pacifist. His views on peace and social justice were considered radical in his era. When his dynamite began to be used in warfare, Nobel was overcome with guilt. The idea of his invention The same type questions that plagued Alfred Nobel being used to kill drove him to in the 1800s are still being pondered by inventors today. start a trust fund to promote iCyt Visionary Bioscience Inc., an Illinois company that the peaceful use of science. specializes in innovative cell measurement and handling technologies, was met with an ethical dilemma earlier this Upon his death, the bulk year. The company developed a new technology that sorts cells of his fortune created on a very small level. The invention, a flow cytometer, was intended the Nobel Prize. for agricultural purposes, allowing dairy farmers to select the gender of their calves. However, iCyt realized that their invention had broader applications in human in-vitro fertilization and embryonic stem cell research. Tim Hoerr, CEO of iCyt, contacted his friend Greg Leman, the director of University Entrpreneurialship Initiatives and the Curtis Hankamer Chair in Entrepreneurship at Baylor University. “The project came about because Tim and I have known each other for almost 20 years, have collaborated on some business consulting and maintained a personal relationship,” Leman said. “After telling him about what we are doing with Technology Entrepreneurship and learning about his progress with new technology, we realized it made sense to assist him with a feasibility study.”

40 REVIEW [FALL 06] by Franci Rogers with contribution from Kristin Todd

The study became two Focus Firm After considering all of the information Perhaps the most famous of the recent MBA team projects. The first team presented by the Baylor teams, iCyt patent troll tales is that of NTP, Inc., the researched bioethical issues for the introduced Reflection in May. They call small Virginia company that threatened company. Rhett Herron, who graduated their invention the most sophisticated to shut down e-mail for millions of people from Baylor’s MBA program in May, droplet cell sorting instrument when it brought suit against was the focus firm team leader. ever created. Research In Motion Ltd. “The biggest road block in our “We are extremely pleased (RIMM), the maker of endeavor was the vast abundance of with the partnership we’re BlackBerry. NTP, which related information,” said Herron. enjoying with the institutions has no holdings except for Their first step, he said, was to study and esteemed scientists that patents, held the patent for the the past. They examined the debate represent the pre-commercial intellectual concept of a wireless surrounding in-vitro fertilization and release Reflection units,” said e-mail system, a system that embryonic stem cell research from four Fredrick Molnar, chief Sales, RIMM created. Tim Wu, a perspectives: medical, religious, legal Marketing and Service officer professor at Columbia Law School, and political. of iCyt. “Full commercial told Slate, “It’s almost like waking “The most important aspect of release of the instrument up one day to find out that the guy research was the incorporation of as many system will take place in late 2006.” selling hot dogs on Fifth Avenue perspectives as possible,” Herron said. While the invention of new technology actually owns the Empire State Building.” Faced with so much available can bring about a range of ethical debates, Wu maintains that, although patent information, and with such passionate heated debates — and even lawsuits — can trolls are wreaking havoc with the system, debate surrounding the issues at hand, occur at the very inception of an idea. they may actually be doing everyone Herron said it was surprisingly easy for Individuals and companies who patent the a favor. team members to keep their feelings idea of an invention have come under close “About the best that might be said from interfering with their task. scrutiny in recent years. of trolls like NTP is that they’ve inspired “In our initial meeting, it became They are no-so-lovingly referred to as a serious patent-reform debate,” Wu said. evident how little each of us really knew patent trolls. These usually small companies And reform, it seems, is needed. Patent about the specific details surrounding stem obtain intellectual patents on ideas, with examiners are said to be overworked and cell research,” he said. “From my viewpoint no intention of bringing them to fruition pressured to move quickly. Perhaps that’s it was easy for the team to separate this on their own. They neither research the how some inventions come to receive a project from our personal beliefs. Each technology nor manufacture products. patent, even though it may be difficult member understood the outcome needed When a larger company does make this to see how they meet the legal standard to be based on facts and made a concerted technology a reality, the patent troll of a “non obvious improvement over effort to remove any personal biases.” threatens litigation seeking royalties the prior art.” At its conclusion, the focus firm team or other compensation. Take for example the U.S. patent issued presented iCyt with a 23-page document, While many see patent trolls as to Martin H. Abbott and Kevin T. Amiss outlining as many sides of the issues unethical, what they do is perfectly legal. in 1995. Their invention? A method of as they could. Patent protection gives an inventor the inducing aerobic exercise in an unrestrained “In doing the research, it became right to exclude others from making, using cat. That’s right: cat exercise. obvious that there is no perfect solution,” and selling the patented invention for the Their abstract reads, “A method said Herron. “In the end, this particular term of the patent. Patent owners are for inducing cats to exercise consists of situation boils down to a personal legally entitled to charge any amount they directing a beam of invisible light produced decision by the executives at iCyt. wish as a royalty to anyone that wants to by a hand-held laser apparatus onto the We simply supplied the information make, use or sell the patented invention. floor or wall or other opaque surface in the to fuel the discussion.” Patent owners are also free not to license vicinity of the cat, then moving the laser The second Focus Firm team looked or make use of the patent at all. And patents so as to cause the bright pattern of light at intellectual property and potential are transferable, so the holder of the patent to move in an irregular way fascinating markets for iCyt technologies. does not need to be the actual inventor. to cats, and to any other animal with Shama Blaney, a second-year student, Although some see intellectual patent a chase instinct.” was a member of that team. holders as the pejoratively-termed patent So, before Americans weigh in on “We also looked at alternatives trolls, others have a slightly different take the ethics of invention, they’ll have to ask for using the technology in the forms on the situation. Many are coming to themselves if they want to pay a royalty of nanotechnology, pharmaceuticals and see these companies as the underdogs: every time Fluffy chases their laser pointer. rapid prototyping,” she said. little guys taking on big corporations, and winning.