Re: Stem Cells
From: zygote@icsi.net
Tue Sep 21 11:55:20 2004
Given my receipt of this letter and my long term desire for public cord banking the
patents on westlaw were reviewed and in the language of the law, the prior acts were
ooften omitted or disclaimed in order to receive the patent. I have contacted the legal
team with viacord and was going to file an application for patent review which is allowed
under the rules.
The Federal judge in Delaware has ruled on the matter and I am trying to get the
missive. The European patent office has rescinded the Pharmastem patents and it is
likely from my reading that the USPTO will do the same.
The issue of suit is real and will be applied by pharmastem unless the judge or patent
office rule differently. I have put on hold any furrther acquirsitions of cord blood. It is
likely that that is unnecessary since ViaCor and CBR have agreed to indemnify any
OB's sued.
The Delaware judge clearly sees the failure of even a single person who wants to
collect stem cells and is not allowed because of the suits to "be permanently harmed"
Now the secondary question. What occurs if a parent then has a child who developes a
condition, leukemia, for which a cord blood amplified stem cell transfusion would have
been appriopriate? Interesting tort question!
I will hopefully have the data in next several days and will post information.
On 20 Sep 2004 at 11:06, Dr. Ainsworth wrote:
> M E M O R A N D U M
> TO: ACOG Fellows
> FROM: Legal Affairs Department
> DATE: September 17, 2004
> SUBJECT: PharmaStem Therapeutics, Inc
>
> ACOG has learned that Fellows have received letters from PharmaStem
> Therapeutics, Inc. and have been asked to sign an "Amnesty Agreement"
> not to collect cord blood from five cord blood banks that have not
> obtained a license with PharmaStem. The following is an informational
> summary of the current situation.
>
> PharmaStem Therapeutics, Inc
>
> PharmaStem Therapeutics, Inc., formerly Biocyte Corporation, holds
> several U.S. patents covering the collection, cryopreservation and
> storage and therapeutic use of umbilical cord and placental blood.
> PharmaStem has filed multiple lawsuits alleging patent infringement
> against unlicensed cord blood banks and other health care providers to
> protect its intellectual property. The unlicensed cord blood banks
> listed in the amnesty agreement are as follows: ViaCord, Cryo-Cell,
> Cord Blood Registry (CBR), Corcell and CureSource. Currently, the
> following cord blood banks have signed licensing agreements with
> PharmaStem:
>
> Alpha Cord California Cryobank Stem Cell Services
> New England Cord Blood Bank Stembanc
> Cord Partners Cord Blood Family Trust
> Securacell Cryobanks International
> Newborn Blood Banking LifeBank USA
> CORD Hemastem Therapeutics
> Norton Hospitals/Family Link Lifestor
> GeneAngel
>
> Patent Infringement Litigation in Delaware and PharmaStem
> Correspondence
>
> In October 2003, a Federal jury in the U.S. Federal Court, District
> of Delaware unanimously found that certain cord blood banks infringed
> PharmaStem's patents, PharmaStem Therapeutics, Inc v. ViaCell, Inc.,
> et al., Civil Action No. 02-148-GMS.
>
> On June 1, 2004, PharmaStem mailed letters to approximately 25,000
> obstetricians informing them of this Court decision. Furthermore, the
> letter indicated that PharmaStem had been asked by obstetricians to
> clarify the legal implications for obstetricians arising out of patent
> infringement in the collection of cord blood of their patients. It is
> PharmaStem's position that obstetricians are liable for patent
> infringement if they collect cord blood or market services for
> unlicensed cord blood banks.
>
> The defendant cord blood banks have appealed the October 2003 Delaware
> jury verdict in the patent infringement case and a decision is still
> pending on that appeal. The defendants also filed a motion with the
> Court objecting to the PharmaStem letter of June 1, 2004 sent to
> obstetricians.
>
> On July 2, 2004, the Delaware Court found that PharmaStem's June 1,
> 2004 letter to obstetricians contained false and misleading statements
> concerning the Court's October 2003 ruling and prohibited PharmaStem
> from making any further false or misleading communications to
> obstetricians. Specifically the court found that the misleading
> statements contained in the June letter pertained to an inaccurate
> definition of patent infringement, an incomplete definition of
> contributory infringement, and the references to a non-existing ruling
> on the conduct by a third party, such as obstetricians, to collect
> cord blood would constitute patent infringement.
>
> Additional Correspondence from PharmaStem
>
> On August 2, 2004, PharmaStem issued a press release to obstetricians
> announcing that it filed lawsuits against obstetricians and other
> healthcare providers for collecting cord blood from unlicensed cord
> blood banks. To our knowledge these lawsuits are still pending in
> Boston, Philadelphia, Tampa, and San Francisco.
>
> On August 20, 2004, PharmaStem followed-up with a letter offering
> obstetricians an Amnesty Agreement. The Amnesty Agreement states that
> if, "the obstetrician agrees to stop collecting cord blood or
> marketing services, including distribution of literature, for
> unlicensed cord blood banks" then, "PharmaStem in exchange covenants
> not to sue and agrees to release the obstetrician in full from further
> legal action for past activities." The Amnesty Agreement, as with all
> legal agreements, has broad implications. ACOG is not able to provide
> legal advice to its more than 47,000 members. Fellows are encouraged
> to consult their personal counsel.
>
> What is the College doing to address this situation?
>
> ACOG will continue to monitor this situation and update Fellows with
> any developments on the ACOG website. Fellows are also reminded of
> Committee Opinion No. 183, Routine Storage of Umbilical Cord Blood
> for Potential Future Transplantation, reaffirmed 2004.
>
Robert J. Carpenter, Jr., M.D.
St. Luke's Medical Tower # 2720
6624 Fannin, Houston, TX 77030
zygote@icsi.net 713-795-4600
FAX:713-795-4422
