Sunday, April 15, 2007

Patent applications involved in Verfaillie matter

Further to an earlier post on the Verfaillie matter, note the following published applications naming Verfaillie as inventor:

20040107453 (based on application 10/467963). Abstract: The present invention relates generally to mammalian multipotent adult stem cells (MASC), and more specifically to methods for obtaining, maintaining and differentiating MASC to cells of multiple tissue types. Uses of MASC in the therapeutic treatment of disease are also provided.

The first two claims of the '963 application are:

1. An isolated multipotent adult stem cell (MASC), wherein the cell has the capacity to be induced to differentiate to form at least one differentiated cell type of mesodermal, ectodermal and endodermal origin.

20050181502 (application 11/084256)
20050283844 (application 11/084809)
20060030041 (application 11/238234)

2. The cell of claim 1, wherein said cell is derived from a non-embryonic organ or tissue of a mammal.

Paragraph [0008] states: The most promising source of organs and tissues for transplantation, therefore, lies in the development of stem cell technology. Theoretically, stem cells can undergo self-renewing cell division to give rise to phenotypically and genotypically identical daughters for an indefinite time and ultimately can differentiate into at least one final cell type. By generating tissues or organs from a patient's own stem cells, or by genetically altering heterologous cells so that the recipient immune system does not recognize them as foreign, transplant tissues can be generated to provide the advantages associated with xenotransplantation without the associated risk of infection or tissue rejection.

Verfaillie is an inventor of an issued patent, US 7,015,037 (issued March 21, 2006). This is based on application 10/048,757. The assignee is given as Regents of the University of Minnesota (Minneapolis, MN); MCL/LLC (Minneapolis, MN).

The '037 patent does cite Thomson's US patent 5,843,780, but does NOT cite patents to Williams or Hogan. The '037 patent cites Thomson et al., "Embryonic Stem Cell Lines Derived from Human Blastocysts," SCIENCE, vol. 282, Nov. 6, 1998, pp. 1145-1147. The '037 cites Bongso et al., "Isolation and culture of inner cell mass cells from human blastocysts," Human Reproduction, vol. 9, No. 11, pp. 2110-2117 and Piedrahita et al., "Influence of Feeder Layer Type on the Efficiency of Isolation of Porcine Embryo-Derived Cell lines," Theriogenology, Nov. 1990, vol. 34, No. 5, pp. 865-877. The '037 patent cites to papers by Verfaillie: Verfaillie, Catherine M., "Investigator Profile," Journal of Hematotherapy and Stem Cell Research, 11, 441-444, 2002; Verfaillie CM, Pera MF, Lansdorp PM, Stem Cells: Hype And Reality, Hematology (Am Soc Hematol Educ Program). 2002;:369-91. PMID: 12446433 [PubMed--in process]; Verfaillie CM, Optimizing Hematopoietic Stem Cell Engraftment: A Novel Role For Thrombopoietin, J Clin Invest. Aug. 2002;110(3):303-4.

There is mention of government interests: Portions of the present invention were made with support of the United States Government via a grant from the National Institutes of Health/National Institute of Allergy and Infectious Diseases to Morayama Reyes under grant number 1F31AI-Gn10291. The U.S. Government may therefore have certain rights in the invention.

In terms of priority: This application is a national stage filing of International Application No. PCT/US00/21387, filed on Aug. 4, 2000, which claims benefit of U.S. Provisional Application Nos. 60/147,324, filed Aug. 5, 1999 and 60/164,650, filed Nov. 10, 1999.

The first claim of the '037 patent states:

An isolated cell population derived from human bone marrow, wherein the cells of the cell population co-express CD49c and CD90, and wherein the cell population has a doubling rate of about 36 hours.

Within the '037 patent is the text:

The present invention provides a method for isolating multipotent adult stem cells (MASC).


Blogger Mr. B. said...

How does this problem with the data affect the validity of the patent?

Apparently said patent was sold/licensed to Athersys and presumably someone has made a lot of money from this.

It is also interesting to compare the author list on the Blood paper with the inventor list on the patent.

Since you are a lawyer your insight would be appreciated.


Mr. B.

ps. This may be a duplicate. I tried to post last night but comment has not shown up yet.

5:53 AM  

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