Lawyer Critical of California Stem Cell Report

Patent attorney Lawrence Ebert covers considerable ground this morning in a post called "National Academy of Sciences Attacked."

Ebert has written extensively on the WARF stem cell patent issues, disputing the assertions of critics challenging the WARF patent.

Today Ebert takes on this blog(the California Stem Cell Report), the Los Angeles Times and the San Diego Union-Tribune. A sample:

"Although the californiastemcellreport is ripping into NAS, the stemcellreport is rather silent on the mediocre reporting of the San Diego Union-Tribune on past attempts of California stem cell workers to obtain broad patent coverage on embryonic stem cells and on the superficial reporting of the Los Angeles Times on the Cha duplicate publication matter."

Ebert is deeply concerned about the legal issues concerning the patents. Our perspective is somewhat broader. While certain actions -- either in the world of patents or politics -- may be legal, they are not necessarily in the best interests of society, science or business. An extreme non-science example: Racial segregation used to be the law of the land in many areas of the United States.

Ebert appears to be well-schooled in patent law. Others equally well-schooled differ with him. We are inclined to favor those who are on the side of open science rather than those who seek to lock down every piece of loose intellectual property they can find. But that is a value judgement -- not law.

Nonetheless we encourage you to read Ebert's comments. He may be right.