Patent Law

PubPat, FTCR lose in inter partes re-exam of WARF stem cell patent

By Lawrence B. Ebert, Esq.

The decision affects the patent for primate and human embryonic stem cells known as "913" (U.S. Pat. 7,029,913). The decision to uphold the patent is the first in a review process that began in October 2006, when the patent office agreed to re-examine the patents following challenges brought by the New York-based Public Patent Foundation and the California-based Foundation for Taxpayer and Consumer Rights. This patent follows a different process than the other two patents, known as "780" and "806" (U.S. Pats. 5,843,780 and 6,200,806), which are still pending.

IPBiz notes that this was the "inter partes" re-exam, wherein declarations were made by Trounson (now head of CIRM) and Loring [among others]. It is "obvious" that these declarations did NOT carry the day. The decisions in the "ex parte" re-exams remain to be made.

See also various IPBiz posts, including

http://ipbiz.blogspot.com/2007/11/ftcr-still-going-after-warf-stem-cell.html

http://ipbiz.blogspot.com/2007/04/first-office-action-rejects-claims-of.html

http://ipbiz.blogspot.com/2007/01/note-to-californiastemcellreport.html

See also a write-up by Jacob Goldstein at Health Blog.

See also
http://www.madison.com/wsj/topstories/274677

Full post as published by IPBiz on February 28, 2008 (boomark / email).