Monday, November 3, 2014

CW v WARF - At Scotus Today

CW v WARF was at the US Supreme Court today.
Consumer Watchdog v. WARF  – StandingConsumer Watchdog v. Wisconsin Alumni Research Foundation, Supreme Court No. _____, proceedings below,753 F.3d 1258  (Fed. Cir. 2014)(Rader, J.), the patent challenger-petitioner questions the appellate court’s dismissal of its patentability challenge on the basis of lack of standing, relying upon,inter alia, NLRG v. Robbins Tire & Rubber Co.,437 U.S. 214, 221 (1978); andPublic Citizen v. United States Dep’t of Justice, 440 U.S. 440, 449 (1989), neither of which had been considered by the appellate panel. 

Below are links to the oral arguments in the Watchdog v WARF case.

To remind you:
The Wisconsin Alumni Research Foundation (WARF) has obtained a patent on Human Embryonic Stem Cells, USPN 7,029,913.  The validity of the patent is opposed by the Consumer Watchdog (formerly known as the Foundation for Taxpayer and Consumer Rights), a non-profit located in California with an office in D.C. Click on the links below to listen.  

What is at stake here is patents on embryonic stem cells, clearly a hot topic.  This case is a procedural issue whether under the new patent law (America Invents Act, the AIA) allows a non-profit to sue in a post-issue grant.  This post-issue grant, created under the AIA, is a patent which has been granted.

It's wait and see time again.

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