[Ip-health] Consumer Groups File Appeal on Challenge of Human Stem Cell Patent Held By WARF

[robert weissman]

Consumer Groups File Appeal on Challenge of Human Stem Cell Patent Held
By WARF

SANTA MONICA, Calif., July 18 /PRNewswire-USNewswire/ -- Two consumer
groups today filed an appeal in their challenge of a controversial
patent on human embryonic stem cells held by the Wisconsin Alumni
Research Foundation (WARF).

Consumer Watchdog, formerly The Foundation for Taxpayer and Consumer
Rights, and the Public Patent Foundation appealed to the U.S. Patent
Office's Board of Appeals and Interferences. The PTO examiner narrowed
WARF's patent after the two groups requested a re-examination of the
patent in July 2006. Initially all the patent claims were rejected, but
this spring the PTO granted the narrowed claims.

The two groups noted that the patent challenge has already improved the
situation for stem cell researchers; shortly after the PTO launched the
re-examination, WARF announced a substantial easing of its licensing
requirements.

"WARF executives were acting like arrogant bullies blinded by dollar
signs," said John M. Simpson, Consumer Watchdog's Stem Cell Project
Director. "Our challenge has engendered a more co-operative stance
towards the stem cell research community on their part."

"When we filed this challenge, we fully expected to take an appeal if
necessary," said Dan Ravicher, PUBPAT's Executive Director and the
attorney representing Consumer Watchdog before the PTO in these
challenges. "Although we won a substantial victory at the examiner level
when WARF was forced to narrow their patent claims, we still believe
that even the narrower patent is invalid and that's the issue we plan to
contest with the PTO's Board of Appeals."

Joining the two consumer groups in the challenge from the beginning was
Dr. Jeanne Loring, now director of the Center for Regenerative Medicine
at the Scripps Institute. Later in the case 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.

"It's not just scientists that are affected by the patents," said Dr.
Loring. "Patients and their families know that WARF's iron-fisted
control of stem cells is slowing life-saving research."

The appeal will show that the creation of human embryonic stem cell
lines was obvious in the light of work that had been done in other
species.  No other country in the world recognizes the WARF stem cell
patent.

Get a copy of the appeal notice at this link:
http://www.consumerwatchdog.org/resources/913PatentAppeal.pdf

Consumer Watchdog, formerly known as The Foundation for Taxpayer and
Consumer Rights, is a leading non-profit and non-partisan consumer
advocacy 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 undeserved
patents and unsound patent policy. For more information, visit us on the
web at http://www.pubpat.org/.

Source: Consumer Watchdog

CONTACT:  John M. Simpson, +1-310-392-0522, ext 317; cell: 310-292-1902,
or Dan Ravicher, +1-212-790-0442, both of Consumer Watchdog

Web Site:  http://www.consumerwatchdog.org/
http://www.pubpat.org/