Wednesday, October 3, 2007

[StemCells] WARF on patent challenge

WARF submits technical changes to stem cell patents
WTN News • Published 10/02/07
Print article • E-mail article • Add your opinion • Reprints
Madison, Wis. - The Wisconsin Alumni Research Foundation has filed
amendments with the U.S. Patent and Trademark Office to make
technical changes to the claims of its three human embryonic stem
cells patents.

The amendments attempt to clarify claim language to make the language
consistent among the three stem cell patents under re-examination.

Michael Falk, general counsel for WARF, said the technical language
submitted to PTO examiners more clearly differentiates the University
of Wisconsin-Madison's patented discoveries from "prior art," or
existing science at the time of UW professor James Thomson's advances.

In 1998, Thomson became the first researcher to isolate human
embryonic stem cells, which led to the granting of the university's
stem cell patents.

In October 2006, the patent office agreed to re-examine the patents
after challenges were brought by the New York-based Public Patent
Foundation and the California-based Foundation for Taxpayer and
Consumer Rights. The groups contend that Thomson's discovery should
not have been patented because it was obvious in light of prior art.

The groups have asserted that the patents are overly broad and are
stifling stem cell research in the United States, a charge that WARF
denies.

Earlier this year, the patent office preliminarily rejected the stem
cell patents in its first action of the re-examination, but now WARF
has an opportunity to defend the validity of the patents.

Carl Gulbrandsen, managing director of WARF, said the organization
remains confident that its stem cell patents will be upheld "when all
the facts are known and the process runs it course."

John Simpson, stem cell project director for the Foundation for
Taxpayer and Consumer Rights, senses some backtracking by WARF. "I've
not seen the filing, but my first impression is that it demonstrates
that what they claimed originally was too broad, even in their own
eyes," he said. "Interestingly, their last filing had already
narrowed their claims somewhat.

"The best thing WARF could do for stem cell research and for itself
would be to abandon all claims under these three patents."

Related stories

• Tom Still: State congressional delegation pulls together on patent
reform

• Jim Greenwood: The rules of patent reform: First, do no harm

• Tom Still: Fact check: Simpson misinformed on publicly funded
research

• Share the fruits of state-funded research with taxpayers

• CIO Leadership Series: WARF's Patty Prime offers tutorial on e-
discovery

http://wistechnology.com/article.php?id=4216

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StemCells subscribers may also be interested in these sites:

Children's Neurobiological Solutions
http://www.CNSfoundation.org/

Cord Blood Registry
http://www.CordBlood.com/at.cgi?a=150123

The CNS Healing Group
http://groups.yahoo.com/group/CNS_Healing
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