Navigation Links
Closer Analysis Shows Consumer Groups Make Gains in Stem Cell Patent Challenges Against WARF; Appeal Still Planned Against Narrowed Claims
Date:2/28/2008

SANTA MONICA, Calif., Feb. 28 /PRNewswire-USNewswire/ -- Closer analysis of the patent office "non-final" decision on a human embryonic stem cell patent held by the Wisconsin Alumni Research Foundation (WARF) shows the following gains made for researchers:

-- The original broad patent was abandoned showing it was underserved and new amended claims have been narrowed.

-- The original patent covered all embryonic stem cells no matter how they are derived, but the amended "non-final" ruling, while permitting the patent, narrowed the claim only to stems cells derived from pre-implantation embryos.

-- The newest stem cell research technology -- Induced Pluripotent Stem Cells (IPS cells) -- would clearly not be covered by the narrowed patent.

-- Stem cells derived from fetal tissue could have been claimed under the old patent, but now cannot be.

Consumer groups still believe the narrowed patent is invalid and should be revoked. They intend to challenge the latest patent office decision.

The challenge brought by the Foundation for Taxpayer and Consumer Rights (FTCR) and the Public Patent Foundation (PUBPAT) already produced a major victory for consumers and researchers when WARF announced in January 2007 that it was substantially easing its licensing requirements on stem cells. The groups filed re-examination requests on three patents, the '913, '806 and '780 in July 2006.

"We've made progress in thwarting WARF's overreaching patents and changing the organization's aggressive behavior toward the research community," said John M. Simpson, FTCR Stem Cell Project Director. "We are in this for the long haul."

The groups said they would appeal any later final decision by the examiner supporting the amended claims to the Patent and Trademark Office's Board of Appeals, which frequently overturns the decision made by examiners. The groups also have the right to appeal any decision of that board to the U.S. Circuit Court for the Federal Circuit, if necessary.

The "non-final office decision" in the inter partes re-examination of the '913 patent was posted late Wednesday on the PTO's website.

"The examiner based his decision on his own belief that it would not have been obvious to isolate human stem cells using widely known methods to isolate mouse stem cells, which contradicts the sworn testimony that we provided of four renowned stem cell embryologists who were doing such work," said Dan Ravicher, PUBPAT Executive Director. "Thus, the examiner took his own opinion over the opinions of our four leading stem cell scientist witnesses."

Joining the two consumer groups in the challenge from the beginning was Dr. Jeanne Loring, now of the Scripps Institute. After the initial rejection, Dr. Alan Trounson, then of Australia's Monash University and now president of the California Institute for Regenerative Medicine, Dr. Douglas Melton of Harvard and Dr. Chad Cowan of Harvard filed affidavits supporting the challenge.

"WARF executives were acting like arrogant bullies blinded by dollar signs," said Simpson. "Our challenge has engendered a more co-operative stance on their part."

Decisions are pending on the '780 and '806 patents. No other country recognizes the three WARF patents.

The Foundation for Taxpayer and Consumer Rights is California's leading non-profit and non-partisan consumer watchdog group. For more information visit us on the web at: http://www.ConsumerWatchdog.org.

The Public Patent Foundation is a not-for-profit legal services organization that represents the public's interests against the harms caused by the patent system, particularly the harms caused by wrongly issued patents and unsound patent policy. For more information, visit us on the web at http://www.pubpat.org.


'/>"/>
SOURCE Foundation for Taxpayer and Consumer Rights
Copyright©2008 PR Newswire.
All rights reserved

Related medicine news :

1. UBs bioblower closer to protecting soldiers from biological attack
2. Bug guts map brings scientists closer to understanding different bugs role in the body
3. Study Gets Closer to Origins of Leukemia
4. Research Gets Closer to Origin of Parkinsons Disease
5. UGA researchers 1 step closer to elusive cancer vaccine
6. HASP Online Provides Free Job Safety Analysis Tool Available Online
7. Doing Angioplasty Long After Heart Attack Still Worth It, Analysis Shows
8. By color-coding atoms, new Cornell electron microscope promises big advance in materials analysis
9. Global Analysis of Human DNA Tracks Migration, Identity
10. DNA Analysis Could Help Customize Treatments for MS
11. Congressional Budget Office Analysis of HR971 Rejects Pharmacy Benefit Managers Bogus Claim Bill Would Cost $29 Billion Over 5 Years
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:3/23/2017)... (PRWEB) , ... March 23, 2017 , ... The MBI “Hall of Fame” recognizes the ... acts have had a significant impact on the careers of all others involved. ... Inc. was inducted into the MBI’s Hall of Fame. The induction took place during ...
(Date:3/23/2017)... OH (PRWEB) , ... March ... ... insurance and financial services firm serving the families and businesses of the ... community enrichment program. Northern Ohio Recovery Center (N.O.R.A.) is a nonprofit, community-based ...
(Date:3/23/2017)... Atlanta, GA (PRWEB) , ... March 23, 2017 ... ... announced the release of SmartBen NOW, an innovative mobile app and centralized benefits ... gather and present critical information securely from multiple locations. For the first time, ...
(Date:3/23/2017)... Los Angeles, CA (PRWEB) , ... March 23, ... ... Series A funding investment in Los Angeles based healthcare technology company California Healthcom ... group’s portfolio into the US, and healthcare arena. With headquarters in California, CHG ...
(Date:3/23/2017)... ... , ... The TouchPoint Solution, home of Buzzies *, is boosting the ... , “Buzzies change the way we interact with stress and live our day-to-day lives,” ... date in December 2016, The TouchPoint Solution has sold more than $750,000 in product ...
Breaking Medicine News(10 mins):
(Date:3/23/2017)... , March 23, 2017 CENTRO DE ... article 157, paragraph 4 of Law 6,404/76 and Instruction ... hereby informs its shareholders and the market in general ... its subsidiary Centro de Diagnosticos por Imagem Ltda. (" ... 100% interest in RADIOLOGISTAS ASSOCIADOS LTDA. (" Partnership " ...
(Date:3/23/2017)... 23, 2017  The goal of the pilot ... and track prescription drugs as they are distributed in ... to requirements from US FDA to better protect consumers ... medicines. Blockchain startup Chronicled, which links ... and blockchain technology and recently raised $6.25M, and the ...
(Date:3/23/2017)... N.J. , March 23, 2017 /PRNewswire/ ... company, announced a major milestone today.  Following ... with the U.S. Food and Drug Administration ... clear clinical and regulatory path forward to ... CPI-613, in patients with acute myeloid leukemia ...
Breaking Medicine Technology: