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