Watchdog v WARF

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.  

2013-1377_3132014.mp3
2013-1377.mp3

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.

Dolly, the Cloned Sheep Held Not Patentable!!!

Dolly, the Cloned Sheep, Held Not Patentable

Patent Office Guidelines on Myriad and Prometheus

The Patent Office has issued a new set of Guidelines for examiners of genetic-type patent applications in light of the Myriad and Prometheus cases.  I am just now trying to absorb them.  Here's a handy chart published in the Guidelines.  I will report more on this later.

Consumer Watchdog v WARF Update

Below is a summary of the Consumer Watchdog v WARF case (Human embryonic stem cells):
Bottom line:  We are waiting for a decision by the CAFC.

Court of Appeals Docket #: 13-1377 Docketed: 05/03/2013 Consumer Watchdog v. Wisconsin Alumni Research Appeal From: United States Patent and Trademark Office Fee Status: fee paid

Case Type Information:      1) Agency      2) Patent Trial and Appeal Board      3) -

Originating Court Information:      District: PATO-1 : 95/000,154      Date Rec'd COA:      03/22/2013

01/22/2014  46  6 paper copies of the amicus Brief [45] received from Amici Curiae US and PATO. [131074] 01/27/2014  47  Letter from Appellee Wisconsin Alumni Research Foundation regarding Response to United States' Amicus Curiae Brief. Service: 01/27/2014 by email. [131817] 01/27/2014  48  TENDERED from Appellant Consumer Watchdog. Title: COURT ORDERED SUPPLEMENTAL BRIEF/APPENDIX. Service: 01/27/2014 by email. [131818] 01/27/2014  49  BRIEF FILED (SUPPLEMENTAL) for Consumer Watchdog [48]. Title: Brief of appellant in response to United States., [Non-Confidential version only]. Number of Pages: 19. Service: 01/27/2014 by email.. Pursuant to ECF-10, filer is directed to file six copies of the brief in paper format. The paper copies of the brief should be received by the court on or before 02/03/2014. [132104] 01/29/2014  50  6 paper copies of the supplemental Brief [49] received from Appellant Consumer Watchdog. [132707] 02/18/2014  51  NOTICE OF CALENDARING. Panel: 1403N. Case scheduled Mar 13, 2014 2:00 p.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, N.W. Washington, DC 20439), Courtroom 201. Response to oral argument order due: 02/24/2014. Counsel should check-in 30 minutes prior to the opening of the session. Please review the Oral Argument Order. [136334] 02/19/2014  52  Response to oral argument order from the Appellant Consumer Watchdog designating Sabrina Hassan as arguing attorney. Service: 02/19/2014 by email Designated time for argument: undecided minutes. Designated time for rebuttal: undecided minutes. [136519] 02/20/2014  53  Response to oral argument order from the Amici Curiae US and PATO designating Mark R Freeman as arguing attorney. Service: 02/20/2014 by email Designated time for argument: undecided minutes. Designated time for rebuttal: undecided minutes. [136808] 02/21/2014  54  Response to oral argument order from the Appellee Wisconsin Alumni Research Foundation designating Kara F. Stoll as arguing attorney. Service: 02/21/2014 by email Designated time for argument: undecided minutes. Designated time for rebuttal: undecided minutes. [137168] 03/13/2014  55  Submitted after ORAL ARGUMENT by Mr. Mark R. Freeman for US and USPTO, Sabrina Yasmin Hassan, Esq. for Consumer Watchdog and Kara F. Stoll for Wisconsin Alumni Research Foundation. Panel: Judge: Rader , Judge: Prost , Judge: Hughes. [141534]

Petition to The President

Petition to the President

Whereas, The Wisconsin Alumni Research Foundation (WARF) has obtained a patent on Human Embryonic Stem Cells, USPN 7,029,913, and the validity of the patent is opposed by the Consumer Watchdog

Whereas, the controversy is before the Court of Appeals For The Federal Circuit, and

Whereas the US government has filed a brief supporting dismissal of the case on grounds that Consumer Watchdog lacks standing.

Whereas, we feel that the public has a right to question the validity of the patent under the newly enacted America Invents Act,

Therefore we the undersigned request the President to instruct the US Department of Justice to withdraw its brief and submit a new brief supporting Consumer Watchdog.

Update on CW v Warf (The stem cell cae)

CW v WARF Update

Interesting "New Yorker" Article

The January 6, 2014 "New Yorker" had an article. "The Gene Factory," by Michael Specter.  It profiles Beijing Genomics Institute (BGI) a Chinese powerhouse in the biotech field.  The website of BGI proudly announces:

"-- World’s largest genome center to purchase 50 Ion Proton™ Sequencers from Life Technologies--

CARLSBAD, Calif., and Shenzhen, China, October 21, 2013 -- Life Technologies Corporation (NASDAQ: LIFE) and BGI, the world’s largest genomics center and service provider, jointly announced that BGI has purchased 38 Ion Proton™ Sequencers and plans to add at least a dozen more by the end of the year, strengthening the organization’s leadership position in the genomics industry. BGI also signed a supply and licensing agreement with Life Technologies, further enhancing BGI’s ability to perform basic, agricultural and clinical research."  

Reading further in the press release:

"Life Technologies Corporation (NASDAQ: LIFE) is a global biotechnology company...[w]ith a presence in more than 180 countries, the company's portfolio of 50,000 end-to-end solutions is secured by more than 5,000 patents and licenses that span the entire biological spectrum—scientific exploration, molecular diagnostics, 21st century forensics, regenerative medicine and agricultural research. Life Technologies has approximately 10,000 employees and had sales of $3.8 billion in 2012."

That's right, 5,000 patents and licenses.