Re-exam of claims of cord blood patent; another reexam/litigation combo
Biotech company ViaCell, Inc. said May 30, 2006 that the U.S. Patent and Trademark Office [USPTO], has rejected, based on prior art, two patent claims of PharmaStem Therapeutics, Inc. relating to certain aspects of collection, cryopreservation, storage and use of hematopoietic stem cells from umbilical cord blood.
PharmaStem had filed patent infringement actions against Cambridge, Massachusetts-based ViaCell. A district court judge had overturned a jury verdict against ViaCell. PharmaStem, founded in 1985 as Biocyte Corp., appealed the decision and the U.S. Court of Appeals for the Federal Circuit heard oral argument in the appeal on April 4, 2006. In 2003, the European Patent Office revoked all the PharmaStem patent claims.
"We believe the PTO's actions support our position that the patents are invalid based on prior art," said Anne Marie Cook, General Counsel and Senior Vice President, Business and Corporate Development of ViaCell.
PharmaStem had filed patent infringement actions against Cambridge, Massachusetts-based ViaCell. A district court judge had overturned a jury verdict against ViaCell. PharmaStem, founded in 1985 as Biocyte Corp., appealed the decision and the U.S. Court of Appeals for the Federal Circuit heard oral argument in the appeal on April 4, 2006. In 2003, the European Patent Office revoked all the PharmaStem patent claims.
"We believe the PTO's actions support our position that the patents are invalid based on prior art," said Anne Marie Cook, General Counsel and Senior Vice President, Business and Corporate Development of ViaCell.
posted by Lawrence B. Ebert at 4:21 AM
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