Friday, May 09, 2008

Invitrogen does deal with WARF on stem cell patents

You won't find it on californiastemcellreport, but California-based Invitrogen has signed a deal with Wisconsin-based WARF to license WARF patents in the stem cell area. A May 8 article in the North County Times stated:

Invitrogen Corp. has deepened its involvement in the fast-growing field of embryonic stem cell research under a deal announced Thursday [May 8] with a holder of controversial patents to the technology.

Carlsbad-based Invitrogen gets the legal right to sell products made by using embryonic stem cells, under the deal with the Wisconsin Alumni Research Foundation [WARF]. The foundation has been issued U.S. patents to the underlying technology for growing primate and human embryonic stem cells. Invitrogen would not disclose the terms of its deal.

If, hypothetically, the world was as portrayed by John Simpson of Consumer Watchdog (then FTCR), Invitrogen would not be doing a deal with WARF over the patents, supposedly significantly weakened according to Simpson. The North County Times article also mentions Jeanne Loring: A number of stem cell researchers, led by Jeanne Loring of The Scripps Research Institute, are suing to invalidate the patents. The researchers say the patents are unjustified and are slowing down their work, which they say may lead to new treatments for incurable diseases. It's not clear whether the article refers to Loring's declaration in the ill-fated FTCR re-exam of the WARF patents, or to some other effort. One recalls that Loring's declaration was tossed by the USPTO as conclusory, and the prior art she relied on was deemed not enabled. For all the smoke generated by Simpson, the re-exam was poorly thought-out and produced little. Given that Invitrogen did a deal with WARF, one sees what the business community thinks of Simpson's efforts.

Meanwhile at californiastemcellreport, one has debates on whether Klein did, or did not, violate CIRM policy. See for example:
Consumer Watchdog Rethinks Stand on Klein's Private Contact with Grant Applicants Anybody for re-arranging deck chairs on the Titanic?

As a separate matter, californiastemcellreport has a comment by Dr. Kim on the "Cha plagiarism in Fertility & Sterility" matter:

- ... an author listed on both published articles explaining why Dr. Kim’s name was left off of the Fertility & Sterility article and why Dr. Cha’s name was left off of the Korean journal article.

The author, Lee SH, has been sentenced to 6-month jail term with 1 year of suspension of execution for Copyright infringement in Korea. Her above "explanation" was obviously not accepted by the criminal court.

- ...he first suggested that Fertility & Sterility publish an erratum saying Dr. Kim “should have been included among the authors of the F&S article,” and then he took no further action for nearly one year.

His such suggestion was irrelevant and therefore turned down by me right away. I rejected that offer as I was sure that it had not been merely an error. When asked to present, so-called, the first manuscript with my name listed on, he couldn't. Why? No answer from him so far.

IPBiz notes that apart from the plagiarism issue (and plagiarism is not a federal crime in the U.S.), there was an issue of violation of copyright law in South Korea, because the second paper (in Fertility & Sterility) copied text from the first paper in KJOG. Assuming the accuracy of the comment of Dr. Kim, the Korean court resolved this matter adversely to the interests of Cha's position.

***There was a separate comment on californiastemcellreport concerning Cha:

- The Cha Fertility Center and Cha RMI are located in the same Los Angeles office building, raising further questions about where and how Cha RMI will procure eggs for its CIRM-funded research on cloning techniques. As CGS's press statement put it, "Women's health advocates have warned about the health risks of egg retrieval, as well as about likely conflicts of interest between fertility doctors conducting egg retrieval and researchers who want the eggs for their experiments."

- The medical director of the Cha Fertility Center, another Cha Health Systems subsidiary, has been named in a lawsuit filed by a woman who says that he lied about the number of eggs he collected from her and other aspects of her medical care.

The "Cha plagiarism" business is related to the suit brought by Cha against Bruce Flamm, which suit was tossed by a California Superior Court.


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