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Groups file appeal against WARF in stem-cell patent dispute

WTN News

July 18, 2008

Madison, Wis.—The patent dispute between two organizations and the Wisconsin Alumni Research Foundation isn't over yet: The groups filed an appeal today to have a key stem-cell patent overturned after its claims were narrowed, but upheld.

Consumer Watchdog, formerly The Foundation for Taxpayer and Consumer Rights, and the Public Patent Foundation claim that WARF's control of the patent is slowing down stem-cell research. They are attempting to have the patent overturned on the grounds that the creation of human embryonic stem cells was obvious after the work had been done on other species.

Since their initial challenge was filed, WARF eased licensing restrictions and also narrowed the claims of the key patent. Subsequently, the revised patent was upheld.

See WTN's extensive previous coverage of this dispute, below.

Recent history

• Patent office concludes re-exam of two WARF stem cell patents

• Patent office upholds remaining WARF stem cell patents

• Patent office upholds key WARF stem cell patent; appeal is likely

• Amended stem cell patent claims not enough, consumer groups say

• WARF submits technical changes to stem cell patents

Comments

Lawrence B. Ebert responded 47 days ago: #1

Of --two California organizations--, PubPat, which represents Consumer WatchDog (formerly FTCR), is located in New York (The Public Patent Foundation, Inc., 1375 Broadway, Suite 600, New York, New York 10018). In the re-examination actions before the USPTO, references relied upon by FTCR were found "not enabled" and the declarations of the four scientists were found to be "conclusionary." The arguments fashioned by PubPat were not relied upon by the USPTO. This is not a strong platform for a successful appeal. Of --slowing down stem-cell research--, Consumer Watchdog has repeatedly asserted that WARF's patents exist only in the U.S., but never explains why research outside of the U.S. [unhindered by the US patents] has not moved forward. Separately, Thomson has set up a facility in California, with money from CIRM; who will benefit from the intellectual property of that venture?

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