The stakes are global in the Wisconsin vs. California stem cell patent fight.
So says reporter David Wahlberg of the Madison State Journal , who explored the implications of the dispute in a piece that reported discussions are currently underway between the California stem cell agency and the Wisconsin Alumni Research Foundation, which holds the patents.
The story said:
"Mary Maxon, (Vice Chair Ed) Penhoet's deputy at CIRM, said last week that 'there are currently no intentions of suing WARF.' But, she added, 'We are concerned.'"Wahlberg also wrote:
"One possibility, said CIRM's Maxon, is that the institute might pursue an omnibus license with WARF that would apply to all of its grantees and commercial partners."The story was rewritten by The Associated Press and distributed nationally. That version appeared in the San Jose Mercury News.
Any possible legal action by CIRM against WARF at this juncture will likely be unsuccessful.
ReplyDeleteWARF is not going to take any action AGAINST possible infringers UNTIL there is a commercial product [see IPBiz.]
CIRM has no such products at the present time. In the absence of a threat of legal action, CIRM would have no jurisdiction for a declaratory judgment action against WARF.
As noted in a number of articles, WARF, in granting licenses, is particularly concerned about the rights of WARF's commercial partners. This will be a point of contention in licensing talks involving inclusion of CIRM's commercial partners.
Of how the distinction between non-profit entities and commercial entities plays out, one can review the history of the case Merck v. Integra.
Lawrence B. Ebert
IPBiz.blogspot.com