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Re: Stem CellsFrom: Dr. Ainsworth (ainsron@sbcglobal.net)Thu Sep 23 11:02:28 2004
Here's the latest from ACOG: TO: ACOG Fellows FROM: Legal Affairs Department DATE: September 23, 2004 Subject: PharmaStem Therapeutics, Inc Late last week, the US Federal Court, District of Delaware overturned the jury decision in PharmaStem Therapeutics, Inc v. ViaCell., et al., regarding PharmaStem's patents covering the collection, cryopreservation and storage and therapeutic use of umbilical cord and placental blood. The court treated each patent separately. With respect to the PharmaStem's patent for the therapeutic use of stem cells obtained from umbilical cord and placental blood, the court held that the cord blood banks did not infringe on PharmaStem's therapeutic use patent because the banks "did not sell or offer to sell" cryopreserved cord blood. Furthermore, the court reasoned that the banks "could not sell or offer to sell" cord blood units because the families not the banks owned the cord blood. With respect to the PharmaStem's patent for the cryopreserved therapeutic compositions containing hematopoietic stem cells, the court granted the blood banks a new trial on the issues of infringement and damages. This ruling is encouraging for obstetricians who are concerned about their liability for patent infringement allegations for merely collecting cord blood on behalf of their patients. However, it is PharmaStem's position that "the court used an improper legal standard" and PharmaStem plans to appeal the decision. In a related matter, the validity of PharmaStem's patents are currently being re-examined by the US Patent and Trademark Office. A decision on the validity of these patents could come in the next few months. ACOG will continue to update you with information, as it becomes available.
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