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Will Wisconsin's Patents Block Embryonic Stem Cell Research?

The stem cell article by Jennifer Integra. Neither the Washburn nor Loring
Washburn in the April 12, 2006 issue of Campbell articles discuss that patent
the Los Angeles Times mentioned Jeanne infringement suits against states and
Loring, an embryologist at the Burnham state bodies (such as California's CIRM)
Institute in La Jolla: In 1999, Loring are likely to be heard in state court,
tried to launch a company to work with not federal court, according to the
stem cells, but the firm quickly Supreme Court decision in Florida Prepaid
collapsed when it couldn't raise the Postsecondary.Although there may be a
$100,000 in upfront fees the Wisconsin visceral reaction to lash out against
foundation [WARF] charged.Washburn's patents perceived to be overbroad, the
article did not mention an earlier cautionary tale of NTP v. RIM suggests
article by Loring and co-author Cathryn that sometimes negotiation is the better
Campbell, entitled "Intellectual Property path for infringement defendants.
and Human Embryonic Stem Cell Research," Further, Loring/Campbell mention the
which appeared in 311 Science 1716 on possibility of an interference with
March 24, 2006. Therein, Loring and Plurion, although this most likely would
Campbell mentioned the changing royalty change only the identity of the owner of
fees charged by WARF in response to a controlling patents. Separately, one
"memo of understanding" (MOU) with the recalls that the Thomson patents are
federal funding agency. Loring/Campbell about creating stem cells from
mentioned the "SBIR paradox" as to blastocysts; they are not about "cloning"
funding of small businesses, which may [SCNT] technology. To date, traditional
be a problem, but not one associated with methods for stem cell separation from
patent law.Both the Washburn and Loring blastocysts have failed wherein SCNT is
Campbell articles suggested that the WARF involved. There may be a question of
Thomson patents would pose a long-term enablement as to the Thomson patents for
threat to stem cell science. Washburn cases involving SCNT, which is where the
noted the position of the Foundation for holy grail of patient-specific stem cell
Taxpayer and Consumer Rights, based in lines resides.As a general proposition,
Santa Monica, which urges California's the state taxpayers underwriting efforts
stem cell agency to challenge the such as Proposition 71 have the
Wisconsin patents. In greater detail, expectation that money will be used for
the Santa Monica group stated: The stem research, not to litigate the patent
cell institute faces a threat from a positions of prior researchers.
foundation associated with the University Extrapolating further, state funding to
of Wisconsin [WARF], which claims that it achieve patent positions could lead to a
is owed licensing fees because it holds balkanization of research, in which
patents on all human embryonic stem cells entities from individual states (such as
in the United States. John M. Simpson California, New Jersey, Maryland,
stated: "This is an outrageous raid on Illinois, Connecticut) are fighting one
the treasury of California based on another, rather than
over-reaching patents. No other nation in collaborating.Lawrence B. Ebert is a
the world recognizes them. They are registered patent attorney located in
blocking vital research in the United central New Jersey. He holds a Ph.D. from
States. I call on the stem cell institute Stanford, a J.D. from the University of
to challenge the patents' Chicago, maintains a blog at
validity."Neither the Washburn nor Loring IPBiz.blogspot.com, and is the author of
Campbell articles discuss the possible LESSONS TO BE LEARNED FROM THE HWANG
research safe harbor created in the MATTER: ANALYZING INNOVATION THE RIGHT
Hatch-Waxman Act and codified at 35 USC WAY, published in the Journal of the
271(e)(1). The breadth of this safe Patent & Trademark Office Society [88
harbor was recently affirmed in the JPTOS 239 (March 2006)]. Ezine draft
Supreme Court decision of Merck v. submitted April 13, 2006.




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