Thursday, April 13, 2006

Loring/Campbell article in 311 Science 1716 (2006)

Jennifer Washburn's article in the April 12 Los Angeles Times mentioned Jeanne Loring, an embryologist at the Burnham Institute in La Jolla, but did not mention an article Loring co-authored with Cathryn Campbell, which appears in the March 24, 2006 issue of Science (311 Science 1716 (2006)). Titled "Intellectual Property and Human Embryonic Stem Cell Research," the article points out that Thomson submitted his work for journal publication (ultimately appearing in 92 PNAS 7844 (1995)) just three days after the initial patent application was filed.

The article points out that there are four more applications claiming priority to the parent case:


The article raises the possibility of an interference with patents issued to Plurion, US 5,690,926 and US 5,670,372.

Although Campbell was involved in the Merck v. Integra case, the Science article does not mention the possibility that research on stem cells, the ultimate product of which would require FDA approval, might be insulated from infringement under 35 USC 271(e)(1). The article also does not mention Florida Prepaid Postsecondary.


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