Electronic Medical Records to be “Apple-ized”?

27 04 2009

ConnTIP reader, Hunter Neal, shot me an email referencing his recent blog article regarding how Apple’s rumored iTablet product (see ZDNet’s description here) could have traction in the electronic medical records field.   Hunter thinks that iTablet could be a big seller in healthcare in connection with electronic medical records (EMR) because:

[t]he primary barrier to EMR adoption has been ease-of-use. Too many physicians are concerned about being able to efficiently use an EMR at the point of care.  Apple, meanwhile, continues to raise the bar on usability and efficiency.  If Apple releases a tablet with the usability of the iPhone, we think it would go over tremendously well amongst physicians.

In fact, we already talk to many physicians that want an EMR for the Apple OS, but very few such systems exist.  We think there is a big opportunity for any “first mover” EMR vendor that writes to the Mac OS and this new Tablet device.

The HITECH provisions of the Stimulus Package (see past ConnTIP post regarding HITECH) makes EMR a point of interest in the tech markets, and a possible Apple product into that market only serves to create even more opportunities for software developers in the space.  Something to definitely keep an eye on…which we will.

- Gregg J. Lallier





Obama Poster Sparks Copyright Dispute

23 04 2009

obama_photo_posterPerhaps no image better captures the campaign and historic inauguration of President Barack Obama than the poster created by Shepard Fairey.  Now that the campaign that has ended, the dispute over Fairey’s use of the photo has sparked heated litigation.  After the AP claimed that Fairey violated its copyright, Fairey preemptively sued the AP, seeking an order than his poster constituted “fair use”, and thus was not in violation of any copyright.  The AP followed with a counterclaim that Fairey had in fact violated its copyright.  Not to be outdone, Fairey has most recently claimed that the AP violated his copyright by printing images of the poster he designed (by allegedly violating the AP’s copyright) within its article .

Here are two of the issues in play:

Was Fairey’s use of the photograph a violation of copyright laws or does it qualify under the exception for “fair use?” 

The key to whether Fairey’s poster represents fair use, is whether the work is legally transformative.  Gene Quinn, publisher of IP Watchdog, emphatically states that the work is not transformative.  Quinn further opines that Fairey’s attorneys are either mistaken as to the law, or grandstsnding with respect to their claims against the AP Donn Zaretsky, of the Art Law blog agress that Fairey has a tough road ahead.  Jonathan Melber, however, of The Huffington Post believes that the AP has no case against Fairey.

Who actually owns the copyright to the photo?

As if the AP/Fairey litigation was not convoluted enough, there is some dispute over whether AP owns the copyright to the photograph in the first place.  Mannie Garcia claims that he was a temporary hire for the AP with no contract at the time that he took the picture, therefore he claims that he owns the copyright. 

 Click here  for Fairey’s take on the controversy that his poster has caused.

 -Dan Fitzgerald





VC Deals Down for 1Q Nationwide; Not as Bad in New England

20 04 2009

A bunch of reports today about venture deals being down 50% nationwide in 1st quarter of 2009 when compared with 1st quarter of 2008; however, VC deals in New England fared much better with the slippage only being in the 15.5-16% range (See, MHT storyInformation Week story and xconomy.com story).  As noted in xconomy.com, this has a “glass half full” spin to it; still, as xconomy goes on to say:

the New England figures, from Dow Jones VentureSource, showed $594 million pumped into 61 regional deals during the first quarter, against $703 million invested in 83 deals in the same period of 2008.  Compare that to, oh, say, the San Francisco Bay Area (which includes Silicon Valley in the VentureSource data). It still led the nation, with $1.14 billion invested in 139 deals. But the dollar figure was 57 percent off the first quarter of 2008, when $2.67 billion was pumped into 254 deals—and Q1 2009 saw the area’s lowest totals, in both dollars and deals, in at least a decade, according to VentureSource.

A Connecticut company, Marinus Pharmaceuticals of Branford, CT, made the top 10 list for venture deals in the 1Q with a $20 million Series B raise from its existing investors, Canaan Partners, Domain Associates, Foundation Medical Partners, and Sofinnova Ventures (See press release here).

Moral of the story for Connecticut tech start-ups? 

Keep your head up…it could be worse.

- Gregg J. Lallier





Connecticut Allocating $14 Million to Clean-Tech

20 04 2009

Gov. Rell announced over the weekend (4/18) that Connecticut will be allocating the $14 million that the state earned from the regional auctions of emission allowances under the Regional Greenhouse Gas Initiative in order to promote energy conservation and help fund clean and renewable energy programs.  According to the announcement, the funds will be allocated as follows:

  • Department of Environmental Protection ($1.05 million) – to administer emission reduction programs in the state and develop a strategy to mitigate the effects of climate change.
  • The Connecticut Clean Energy Fund ($3.28 million) – offers financial incentive and education program that encourage homeowners, businesses and others to use renewable energy.
  • Connecticut Light & Power ($7.3 million), United Illuminating ($1.82 million), Connecticut Municipal Electric Energy Cooperative ($609,748) – energy conservation and efficiency programs.

The Regional Greenhouse Gas Initiative (RGGI) is the first mandatory, market-based initiative in the United States to reduce greenhouse gas emissions.  Ten northeastern and mid-Atlantic states (including Connecticut) “cap-and-trade” CO2 emissions through auctions, with the goal being a 10% reduction in such emissions by 2018.

Although this allocation sounds great, it is somewhat disappointing that the allocation of funds is not specifically towards the funding of Connecticut companies which develop and exploit clean technology.  Over half of the money is allocated to Connecticut Light & Power with respect to its “energy and efficiency programs” without any indication as to whether CL&P funding of Connecticut-based clean-tech companies is a requirement, or even a part, of any of their energy programs.  Hopefully, the allocation of funds to such “education” and “promotion” programs will indirectly result in more money being available to clean-tech companies in Connecticut.

- Gregg J. Lallier





IP Management (continued)-Navigating the Legal Waters

17 04 2009

Jill Gambon has an article today at Mass High Tech discussing the importance of good IP legal counsel for high tech companies (“Startups scale a legal learning curve with their IP“).  As I have previously discussed (“Importance of IP Management“), although IP may be the core asset of a tech company, the proper identification, management and exploitation of such IP is oftentimes given short service…this includes not getting competent legal counsel involved early and often (especially for start-ups).  The various legal issues and principles involved in intellectual property rights are complex (and quickly changing), and good legal counsel should be an invaluable member of the tech company “team” in order to help it navigate (and take advantage of) these legal waters. 

And, really, that is what tech companies should think of their lawyer(s) as:  a member of their team, just like a CEO or CTO.  As such, it’s important for the company to find the right “team” member, asking such questions as:  

  • does he/she fit into our culture of how we do business (e.g. fast-moving, efficient)?
  • can he/she bring some value-added component (e.g. networking/introductions, experience in/knowledge of the marketplace/industry)?
  • will he/she be cost effective?
  • does he/she have the flexibility or room to “grow” with the company (especially true for start-up techs)?

- Gregg J. Lallier





Look at the Market Working: Immigration and H-1B Visas

17 04 2009

Mass High Tech has an article from earlier this week concerning the reduction in requests for H-1B visas this year as compared to the same time last year (“Immigration lawyers: Market controls H-1B visas).  According to the article, during the first week of April 2008, approximately 163,000 applications for H-1B visas were filed (the government begins accepting applications April 1 of each year), but, as of April 9, 2009, only about 42,000 applications have been filed. 

H-1B visas are the type of visas used by many tech companies to temporarily employ an alien in a “specialty occupation” that requires specialized knowledge with at least a bachelor’s degree or its equivalent (e.g. engineering, mathematics, computer science, medicine and health).

The MHT article also discussed, to my delight, how the market is a much better way to control the number of H-1B visas than arbitrary limitations imposed by legislators.  As American Immigration Lawyers Association President, Charles Kuck, says in the article, “[t]his indicates that H-1B filings really do reflect the realities of the marketplace…[l]et’s let the marketplace do its job and regulate the numbers needed”.  The libertarian in me says “Hear, Hear”!

Immigration, and, in particular, H-1B visas, have increasingly become hot-button political issues.  In April of last year, U.S. Senators Durbin (D-IL) and Grassley (R-IA) sent a letter to the top 25 recipients of approved 2007 H-1B visa applications (most of them being tech companies), seeking detailed information on their use of such visas.  The purpose of such information was to determine if the visas were being used for their intended purpose, as the senators raised concerns that the H-1B visa program allowed for the outsourcing of American jobs.  More recently, Sen. Grassley sent a letter in January of this year asking Microsoft to lay-off its H-1B workers before laying off American workers.  It has also been recently reported that the two senators plan to reintroduce legislation (which they have tried, and failed to pass in past sessions) to reform the H-1B visa program to require employers to make a “good faith” effort to hire U.S. citizens over H-1B visa holders (See “Grassley, Durbin plan to renew H-1B fight in Senate“).

However, as so often is the case, the politicians seem to disregard the importance of the H-1B visa program to tech companies during market up-ticks, and the trends of H-1B visa applications reported at MHT suggests that the marketplace does a far better job in the policing of its use than any legislators could hope to do in a timely manner.  The libertarian in me also says “told you so”!

We plan on having Dana Bucin, immigration attorney at Updike, Kelly & Spellacy, post more about various issues/facts about immigration and H-1B visas and their effect on tech companies….so stay tuned to ConnTIP for more info!

- Gregg J. Lallier

Update:

Dana Bucin, Immigration Attorney at Updike, Kelly & Spellacy, P.C., writes:

In response to the U.S. restrictive (and sometimes prohibitive) immigration policy that artificially limits the number of foreign high-tech workers employed by U.S. companies, Microsoft announced the opening of a new research center in Vancouver, Canada.

Canada’s immigration policies are much more favorable to attracting skilled migrants.  In its statement, Microsoft made it clear that its move to Vancouver “allows the company to recruit and retain highly skilled people affected by immigration issues in the U.S.”

 

This move by Microsoft came after several rounds of testimony before Congress by Chairman Bill Gates of Microsoft (see last testimony) in which Gates urged Congress to eliminate the artificial gap of  65,000 H-1B visas in favor of a more market-driven number that would reflect U.S. companies’ need to attract more foreign high-tech talent in order to compete in a global technology marketplace.

 

Congress failed to pay heed.  The failure by Congress to reform the problematic H-1B visa program is indirectly benefiting Canada, encourages outsourcing, loses out on tax revenues from employing those foreign workers, and harms U.S. companies’ global competitiveness in the technology marketplace.  Is this what Congress wanted?





Lowdown on LILO’s

16 04 2009

Very interesting article in this week’s Time magazine regarding LILO start-ups (“The New Internet Start-Up Boom: Get Rich Slow“).  “LILO” stands for “little in, little out”, connoting the low overhead (“little in”) and slow, steady growth (“little out”) of internet-based start-ups. 

The LILO business model, much like the virtual company business model (which I discussed in an earlier post, here), takes advantage of the high-bandwidth broadband connections that are widely available now to put a valve on various costs and expenses (e.g. office space, administrative help, etc.).  This handling of costs allows for companies to take a more viral approach to growth (as opposed to the boom-bubble, volatile growth that we witnessed during the dot-com boom of the late ’90s).  Further, it means that LILO do not need to rely on heavily valued venture capital money (which will dilute a founder’s share).  Finally, much like virtual companies, LILO start-ups, with their low overhead structure, can survive (and even continue to expand) during the market-downturn, making it all that much better position to take advantage of exponential growth when the market picks back up.

Just another innovative way that tech entrepreneurs will help turn the tide.

- Gregg J. Lallier





REvolution Computing on the Watch

15 04 2009

REvolution Computing of New Haven, CT made this week’s “Startup Watch:  Five you should follow” at MassHighTech.com.

According to REvolution’s website:

REvolution products provide performance optimization, scalability, and commercial support of the open source R language for statistical computing.  The REvolution R product suite enables analysts, statisticians and scientists to derive meaning from mission-critical data in record time and to deploy analytics in research, production and regulated environments.

- Gregg J. Lallier





eZanga Branch in Norwalk

15 04 2009

Thanks to one of ConnTIP’s readers who emailed me the news posted at cynopsis.com that eZanga opened a branch office in Norwalk, Connecticut in response to increased local interest in its services.

eZanga is a search engine and online advertising company.

- Gregg J. Lallier





Can Universities Trademark Their School Colors?

14 04 2009

uconn-countryThis is UConn Country.  Most Connecticut residents associate the colors of navy and gray and the white husky dog with the UConn athletic program.  Certainly it is understandable if local businesses use similar color schemes or incorporate UConn’s mascot into their products, logos or storefronts.  Other businesses might use similar designs by mere happenstance.  But can schools obtain trademark protection for these color schemes and prevent others from using them? 

The answer is yes – providing certain conditions are met.

Generally, if the school can demonstrate that the color scheme has attained “secondary meaning” it may be eligible for trademark protection.  To discern whether a color scheme has attained such meaning, courts are likely to consider factors such as the length of time and manner in which the color scheme has been used, volume of sales, amount and manner of advertising and marketing, nature of use of the mark in media, consumer survey evidence, direct consumer testimony and defendant’s intent to copy. 

This issue was recently decided in the Seventh Circuit Court of Appeals with respect to athletic powerhouses (and multi-million dollar businesses) Louisiana State University, University of Oklahoma, Ohio State University and University of Southern California.  In the case of LSU v. Smack Apparel, the aforementioned universities alleged that the defendants infringed upon their trademarks by selling t-shirts depicting the schools’ color schemes and various other identifying information, without naming the actual schools.  The Court found that the color schemes had acquired secondary meaning and affirmed the trial court’s ruling.

Interestingly, as Mark Conrad from Sports Law Blog pointed out, the prevailing schools had not registered their colors with the U.S Patent and Trademark Office.  Rather, the schools relied upon common law protection.  Nevertheless, colleges and universities may be wise to consider registering their school colors.

LSU v. Smack Apparel was not an isolated incident.  Last week, the University of Iowa sent a cease and desist letter to the owner of the Hawkeye Hideaway, a new Iowa City pub and grill, which uses the university’s black and gold color scheme. 

Considering that UConn athletics have become big business, it would not be surprising to see the university attempt to protect its signature colors and logo should a person or company infringe upon those marks.

-Dan Fitzgerald

This article is cross-posted on Connecticut Sports Law (http://ctsportslaw.com).








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