Patent Reform Critics Say Legislation is 'Constitutionally Infirm'

The California stem cell agency yesterday posted its analysis of federal patent legislation that pits General Mills against the National Small Business Association, Merck against the Institute of Electrical and Electronics Engineers and, in California, SangamoBioSciences against CONNECT.

On Monday, the CIRM directors' Legislative Subcommittee will take up the wide-ranging and technical legislation with an eye to endorsing or opposing it.

The analysis was written by Scott Tocher, staff counsel to CIRM Chairman Robert Klein. It said,

"CIRM’s interest in the health and productivity of the patent system in general is clearly a vital interest of the agency. CIRM’s mission requires dual goals of academic openness and the need to bring scientific advances to the public via commercialization. A robust and fair patent system will ensure that the fruit of CIRM-funded research is propelled through the development process and reaches patients."

Tocher's analysis indicates the key point of the battle over the legislation involves a matter that critics say makes the legislation "constitutionally infirm."

Tocher wrote,

"For the first time since its genesis in 1790, U.S. patent law will award patents to the first person to file for a patent rather than to the first person to arrive at an invention. All other major patent offices in the world already award patents on a first-to-file basis. Though equitable, the first-to-invent system leads to disputes that the Patent Office has been forced to resolve through complicated Interference proceedings. Under the new system, filers will still have to show possession of the invention, and will still have to establish novelty. They will not, however, face concerns that others may have arrived at the invention first and simply not have filed yet. There will no longer be Interference proceedings, and applicants will no longer be able to 'swear behind' prior art cited against them by giving evidence that, despite their later filing date, they arrived at the invention first."

Tocher continued,

"This is by far the Act's most significant change, and will likely increase the pressure for all entities to file for patent rights as soon as an invention is made. This change will also increase the risk in electing to forego patent rights in favor of maintaining an invention as a trade secret."

Tocher wrote,

"If enacted, this provision almost certainly will face a legal challenge in light of the United States Constitution’s provision that 'Congress shall have power … To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.' To the extent that a first-to-file system awards a patent in some cases not to an 'inventor' in the common understanding of that word, but to a person who is first to file, critics argue the legislation is constitutionally infirm."

Tocher listed some of the enterprises for and against the measure. Backers include General Mills and Merck. Sangamo BioSciences, a CIRM grant recipient, is also in favor. One of the opponents is CONNECT, a San Diego business development organization, whose CEO is Duane Roth, co-vice chairman of the stem cell agency.

Also posted on the CIRM agenda yesterday was an item from the California Stem Cell Report dealing with the patent legislation.

The Candidate's Letters: What Thomas and Litvack Have to Say

Here is a brief look at the letters of interest submitted to the board of the $3 billion California stem cell agency by two men in pursuit of a six-year appointment as its new chairman. First the item on Jonathan Thomas, then Frank Litvack. CIRM directors begin evaluating the men on Monday.

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Bond financier Jonathan Thomas says he would liquidate his holdings in Advanced Cell Technology of Santa Monica, Ca., an unsuccessful applicant for CIRM funding, if he is elected chairman of the California stem cell agency.

In a May 23 letter to the CIRM board, Thomas, chairman of the Saybrook Capital, also of Santa Monica, said he raised funds for ACT early on and still holds a "small portion" of the company's stock.

Other than that, he said he has no other "actual or potential" conflicts.

Thomas' letter did not discuss the holdings of his firm, which deals in municipal bond financing, the only real source of cash for the $3 billion California state stem cell agency.

Thomas, who is also a lawyer, cited his public finance expertise and said it would be helpful in the event of a ballot measure seeking additional funding in 2014 or 2016. Outgoing Chairman Robert Klein, a real estate investment banker and attorney, has touted a proposal that could run as high as $5 billion.

Thomas said he has had "direct experience as an underwriter, financial advisor or issue in billions of dollars of bond financings."

He also proposed hiring Rob Church of Hogan Lovells, a Los Angeles law firm. He said that Church has had many years of experience working with the FDA on clinical trials, a costly area on which CIRM is pinning much hope.

Thomas noted that he has a long term interest in science, majoring in biology and history at Yale and earning a doctorate from Oxford studying the role of disease in British expansion into East Africa.

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Frank Litvack, a Los Angeles cardiologist, also has a wide range of business interests but says he would divest any that pose a conflict of interest.

In a May 25 letter to the CIRM board, Litvack detailed his business background, much of it reported earlier, along with current activities including his role as an "informal adviser" to a firm that is based on research by a CIRM grant recipient, Eduardo Marban.

He said does not have "an informed opinion" on whether the job of chairman requires full or parttime work, "absent spending time within the organization." He said his other commitments are "elastic" and would devote the time necessary to do the job.

Litvack called himself a "consensus builder." He said the chairman should lead the areas that "fall outside of the president's statutory responsibility including aspects of finance related to agency funding and philanthropy, public communications as well as optimizing relationships with industry and international collaborators."

Litvack said he has raised several hundred millions of dollars for companies but that his most fulfilling role has been as a clinician.

Regarding cell therapy, Litvack, who is listed on the staff at Cedars-Sinai in Los Angeles, said he is on the board of Pervasis Pharmaceuticals of Cambridge, Ma., whose product is an endothetial cell therapy. He said that for two years he has been an unpaid advisor to Capricor Inc., of Los Angeles , a cardiac stem cell company. He said,

"The company is based on the research of Dr. Eduardo Marban, a CIRM grant recipient ($5.6 million) and director of the Cedars-Sinai Heart institute. I have advised them with regards to clinical trial strategy and the shift from autologous to allogeneic stem cells."

Prieto on Patent Reform

The vice chair of the CIRM Legislative Subcommittee, Francisco Prieto, has offered a brief comment on the subject of patent reform, a matter that will come before the panel on Monday.

Prieto, a Sacramento physician, said in an email last night to the California Stem Cell Report,

"I'm not sure we'll take a position, but we do want to be informed, and have a pretty serious interest. The outcome affects the ultimate result of most of the fruits of our labor: whether and how any treatments developed from CIRM funded research are able to be developed and marketed. That ultimately will decide whether any treatments or cures ever actually make it to the clinic and into patients who need them."

Meanwhile, CIRM has provided links on the meeting's agenda to the text of the complex legislation and two items offered by advocates in the fray. CIRM has yet to produce its own analysis, a rundown on the pros and cons and an explanation of how CIRM's position would make a difference in the outcome.

In a related matter, the Finance Subcommittee, three days after the meeting on patent reform, is scheduled to consider hiring a federal lobbyist, which would make the stem cell agency one of the rare state departments with its own national lobbyist.

Here is a list of the members of the Legislative Subcommittee, which is chaired by Art Torres, co-vice chair of the agency and former head of the California state Democratic Party.

CIRM Plans for Lobbyist to Push Patent Reform Position

Shades of Tony Podesta. The other shoe is dropping at the $3 billion California stem cell agency.

This time it comes in the form of open-ended approval for the chairman of the agency to hire federal lobbyists. No details are yet available on the CIRM web site. But on June 9, the directors' Finance Committee will convene for 30 minutes to act on the proposal.

All that is known about the matter at this point is the verbiage in the agenda item:

"Consideration of augmentation of budget of the Office of the Chair to fund, as necessary, contract for federal governmental relations support."

The matter dovetails nicely with the plan to push CIRM into the stormy patent reform battle in Washington.

Some of you may recall that CIRM hired the well-connected, powerful and flamboyant Podesta – he wears red shoes – for $240,000 for 10 months in 2009. (See here, here and here.) Podesta was ultimately paid only $20,077.92, according to a CIRM document. No public explanation has been provided for the difference.

The lobbying effort in 2009, pushed hard by outgoing Chairman Robert Klein, was not without controversy. It made CIRM one of the rare state agencies with its own lobbyist. (See here and here.)

One can only speculate on what will emerge next week. But one would wonder why there is any need to act on the lobbying plan or much less even schedule a meeting on it until a new chairman is elected later this month.

hESC Patents Piece from San Diego Researchers

The foray by the California stem cell agency into the tricky and arcane world of patent reform triggered a note today from the acting director of the San Diego Consortium for Regenerative Medicine, Xuejun H. Parsons.

She pointed out that the San Diego Regenerative Medicine Institute has a short piece on its web site about the patentability of human embryonic stem cells. CIRM was created by California voters in 2004 to fund hESC research because the federal government would not, but the agency has drifted away from a sharp focus on hESC.

The web site item briefly discusses the need for patents and links to a more comprehensive article by Parsons, Yang D. Teng, Dennis A. Moore and Evan Y. Snyder. The piece  in the journal "Recent Patents on Regenerative Medicine" is a technical overview of the science linked to the patents. It may be of interest to CIRM directors as they ponder whether to take a stand in the savage fight in Congress over patent reform legislation.

The California Stem Cell Agency and Multimillion Dollar Machinations in Washington

The directors of the California stem cell agency are preparing to jump into a brutal political fray in the hallowed halls of Congress that pits, in the views of some, a "global corporatist elite" against American entrepreneurs and inventors.

It is all about patent law and so-called reform. More than 100 lobbying firms representing at least 267 organizations have already joined the battle. Millions of dollars are being spent to influence the outcome.

Patent law is one of the more arcane subjects in the public policy arena. The CIRM directors Legislative Subcommittee is being asked to make a considered judgment on the controversial emotional and technical issues during a brief, 90-minute meeting on Monday that includes other significant matters.

And with only three business days before the meeting, CIRM has not publicly presented a summary of the legislation and issues. No analysis, no pros and cons and no rationale for why the state agency should be involved are available. The meeting agenda does not even state that patent reform is the matter to be discussed.

It is exceedingly unlikely, to put it mildly, that CIRM's position for or against the legislation will make a dime's worth of difference, given the vast number of players and their global importance. Directors should step back and rethink their policy on lobbying legislation either at the national or state level. CIRM has more than enough to do running a research program that will cost California taxpayers $6 billion, including interest.

Litvack Picks Up Public Support for Bid to Become Chair of Stem Cell Agency

The Consumer Watchdog organization today endorsed a Los Angeles cardiologist as the new chairman of the $3 billion California stem cell agency, declaring that it is time to "correct the agency's dysfunctional management structure."

Writing in an op-ed piece in this morning's Sacramento Bee, John M. Simpson, stem cell project director of the Santa Monica organization, called for the election of Frank Litvack over bond financier Jonathan Thomas, chairman of Saybrook Capital, also of Santa Monica.

Simpson noted that the agency has been much criticized for its dual executive structure, which has led to public conflict and issues involving the outgoing chairman, Robert Klein, and president. Simpson said Litvack believes that the chairman should not be involved in day-to-day management at CIRM. Thomas is believed to envision a more hands-on role for the chairman.

Simpson wrote,

"As CIRM was in startup mode, Klein was very much a hands-on chairman, intimately involved in the agency's day-to-day management. The problem is that CIRM's president is supposed to be the chief executive.

"Klein's propensity to micromanage was understandable – perhaps even helpful – as CIRM got off the ground. But it continued during Klein's six-year tenure."

Simpson said,

"CIRM already has a world-renowned $500,000-a-year stem cell scientist – its President Alan Trounson. There's no need to spend another half-million on an investment banker so two executives can trip over each other at taxpayer expense.

"Litvack understands what the chairman's role should be and has realistic expectations about a salary. He should be elected so the agency can move successfully beyond the Klein era and perhaps to a time when it becomes simpler to get things done at CIRM."

Simpson's piece also contains a concise summary of the all the hooha since last fall surrounding selection of Klein's successor.

Email to the California Stem Cell Report

My email provider seems to be having difficulties and is bouncing back messages to senders. For readers who may be trying to email me, please use this alternate email address: svhopalong(at)gmail.com.

Researcher Alert: Fresh Opportunities Looming for CIRM Cash

Drawing nearly all the attention nowadays at the California stem cell agency is selection of a new chairman, but real work is also going on.

That is not to underestimate the importance of the decision, but the trains still have to keep running at CIRM headquarters in San Francisco.

Next Monday, for example, the directors' Science Subcommittee will meet to consider matters that all potential grant applicants should be watching.

One involves a possible mechanism that could be used by some applicants to advance their cause with information not in the grant application. Its main purpose seems, however, to give reviewers a chance to dig deeper into a grant proposal. Another proposal before the committee would extend the more than $90 million "new faculty" grant program into another round. A third would create an "opportunity" fund controlled by the CIRM president. A blue-ribbon panel last fall recommended the idea.

No details were available on any of this on the CIRM web site as of Monday night, only four business days before the subcommittee meeting.

The agenda item on the grant application information was the most fulsome, but only said,

"Discussion of process for obtaining supplemental information from applicants for Clinical Trial and Disease Team grant rounds, including an opportunity to obtain information during Peer Review, subject to later staff confirmation, of additional information not presented in the application."

Even less information was offered up concerning the faculty program and the opportunity fund. However, in March , CIRM President Alan Trounson told CIRM directors,

"The Governing Board could create an 'Opportunity Fund' to be used by the President to rapidly provide continuation funds for projects identified by VP, R & D and members of the Clinical Advisory Panel as having been highly successful and their plan to move forward is compelling and competitive as assessed against defined criteria. This process would accelerate existing promising and competitive CIRM projects and reduce the amount of time spent writing proposals and in review. CIRM already has mechanisms to discontinue or cut back projects that are not making progress. This additional tool would allow CIRM to accelerate projects that are beating expectations."

Interested parties can participate in the discussion at telephonic locations in San Francisco, Irvine(2), La Jolla, Healdsburg and Stanford. Specific addresses can be found on the agenda.

Opportunities for Public Comment on Nominees for CIRM Chair

Directors of the California stem cell agency are planning at least three public meetings prior to making their decision on cardiologist Frank Litvack or bond financier Jonathan Thomas to replace outgoing chairman Robert Klein at the end of June.

The public will have a chance to weigh in with comments at all of the meetings. Two sessions have telephonic locations throughout the state, including San Francisco, Los Angeles(2), Coronado, La Jolla, Irvine (2), West Hollywood, South San Francisco and Berkeley.

Here is the schedule, according to the board's outside counsel, James Harrison.

June 3 (next Friday) – CIRM directors' Evaluation Subcommittee telephonic meeting to which all 29 members of the CIRM governing board have been invited. The session will begin with a brief public presentation by the candidates. Then they will be questioned separately behind closed doors. By law, the public can participate during the public portion from the telephonic locations. You can find the addresses of the locations on the agenda. Some are vague and will require contacting CIRM in advance for more specifics. The locations could change, be dropped or more added.

June 6 – Evaluation Subcommittee meeting possibly involving all board members. Again, public participation is possible with the caveats noted above. No action is expected to be taken at either the June 3 or June 6 meetings, Harrison told the California Stem Cell Report.

June 22-23 – Full CIRM board meeting in San Diego with the candidates making a public presentation. A closed session is expected prior to a public vote, which could well be publicly unanimous by that point. Again, the public will have a chance to comment. The specific address for the meeting is yet to be announced.

The public or other interested parties can also comment by emailing information to the CIRM board and asking that it be distributed to all members. That should be done earlier rather than later in order to have any impact.

The schedule of meetings could change depending on the druthers of the CIRM board.

Good News for CIRM and Not-So-Good News

The $3 billion California stem cell agency made the papers this weekend in Los Angeles and San Francisco.

One story dealt with research funded by CIRM, the other with selection of its next chairman.

The story by freelance writer Amber Dance in the Los Angeles Times was the sort of coverage that CIRM needs more of if it is to win approval of the possible, new $5 billion bond measure touted by Chairman Robert Klein.

The article had an optimistic lead on a promising ViaCyte Inc. therapy for diabetes. It cited in the second paragraph CIRM's $26 million in funding to the San Diego firm. CIRM President Alan Trounson was quoted. All that in a newspaper that has the largest circulation in California and that has largely ignored CIRM.

The other piece appeared in the San Francisco Examiner. Authored by Katie Worth, the headline read,

"California stem cell czar offered top pay, asked to name job description."

It began by saying that the new CIRM chairman could have a salary of more than $500,000. The story mirrored the lack of clarity on the part of the CIRM board concerning exactly what the chairman should do. Worth quoted from the Little Hoover Commission report on CIRM. She wrote,

"In 2009, California’s Little Hoover Commission criticized CIRM’s governance structure, noting that Klein’s 'actions and personal style' and the fact that he essentially wrote his own résumé into the requirements for chairman, create a situation that 'distorts accountability and succession planning and could, in the event of an abrupt departure of the individual, leave the agency leaderless for an extended period.'"

In the world of marketing, PR and election campaigns, it takes a lot of positive stories to counter the ones that reflect poorly on an enterprise, such as Worth's.

The puzzle for CIRM is how to generate enough positive pieces.

CIRM's Klein Honored by Scientists

The International Society for Stem Cell Research announced last week that it is making its first ever public service award to Robert Klein, the outgoing chairman of the $3 billion California stem cell agency.

In a news release, the scientific group cited Klein "for his outstanding contribution of public service to the field of stem cell research and regenerative medicine."

The ISSCR said,

"Through his vision as author and champion of the California Stem Cell Research and Cures Initiative (Proposition 71), Klein secured long-term financial support for stem cell research in California. Through his leadership at CIRM, Klein developed a framework that fosters new and established talent, innovative science and clinical application. His advocacy for stable financial support for stem cell research on the international stage has been unprecedented."

IOM Study of CIRM: Panel to be Appointed in Fall

The Institute of Medicine study of the $3 billion California stem cell agency begins in July but the full IOM committee is not expected to be appointed until next fall.

Responding to an inquiry from the California Stem Cell Report, Adrienne Stith Butler, study director for the $700,000 CIRM-financed project, said that the IOM will make information about the process available on the Internet in July. She said,

"There will be two sources of information about the project - the IOM website and the National Academies website. Once the committee is appointed and the study begins we will distribute information about the meetings through a list serve (sign up will be on the study's IOM page, which will be posted once the study begins). In addition, information about meetings and opportunities for public comments will be available through the National Academies Current Projects System (this is a separate system from the IOM page).

"Once we begin in July, you can find information on the IOM site at www.iom.edu. The Current Projects System posts the study once the committee is appointed (which will probably be early fall). That system can be accessed at www.nationalacademies.org."

Stith Butler replaces Cathy Liverman as the study director on the project. Liverman was involved in the preparation of the original proposal to CIRM.

Previously, Stith Butler served as study director for the IOM report, "Preparing for the Psychological Consequences of Terrorism: A Public Health Strategy." She served as a staff officer for the IOM reports, 'In the Nation’s Compelling Interest: Ensuring Diversity in the Health-Care Workforce" and "Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care."  She also participated in The Future of Nursing: Leading Change, Advancing Health.

CIRM Makes Formal Announcement of Thomas-Litvack Nominations

The California stem cell agency has posted its own version of the nomination of two Los Angeles men to become the new chairman of the $3 billion research enterprise.

The announcement came yesterday. The nominations were made last Friday and Monday and were covered at the time by a handful of news outlets.

The CIRM notice was a straight-forward, five-paragraph item and contained links on the CIRM web site to nominating letters and statements of interest from both Jonathan Thomas, bond financier, and Frank Litvack, a cardiologist. Also linked to was a bio on Litvack.

Read All About It!

For you curious souls out there, I have freshened up information on this web site about the California Stem Cell Report and its background. If you are interested, here is a link.

If you have questions – embarrassing or otherwise – please feel free to send them along to me at djensen@californiastemcellreport.com. Depending on your druthers, I will answer them in a private email or online here. If you prefer, you can post them anonymously by clicking on the word "comment" at the end of this item. I strongly believe that people who write on public walls – that includes all government agencies and CIRM as well as the media – should be prepared to be fully and publicly examined, even if it is uncomfortable or worse.

If you have suggestions or comment on the content, direction or tone of what appears on the California Stem Cell Report, please use the same methods of communication. I am looking forward to hearing from you.

Nature Says CIRM Faces 'Stark Choice" in New Chairman

Nature magazine today weighed in with its story on the nominations for the new chairman of the $3 billion California stem cell agency.

Writing on the publication's Spoonful of Medicine blog, Elie Dolgin said that the CIRM board of directors faces "a stark choice over who will lead the San Francisco-based institute as it enters into its next phase" – a cardiologist or bond financier.

The piece contrasted Frank Litvack's scientific and medical credentials with the investment background of Jonathan Thomas, who is chairman of a bond investment firm, Saybrook Capital in Santa Monic, Ca.

Dolgin reported that Thomas declined to comment on his salary request, which is reportedly at the top of the $400,000 range for the part-time job. Litvack is ready to take $137,500.

Meanwhile, the CIRM directors' Evaluation Subcommittee scheduled a June 3 meeting to interview the candidates. The session will be mostly closed but there is a provision for public comment at some time duiring the meeting.

The public can attend at locations in San Francisco, South San Francisco, Coronado in the San Diego area and Los Angeles. Specific addresses can be found on the agenda.

Minimal News Coverage on CIRM Chair Nominees

The latest news coverage of selection of a new leader for California's $3 billion stem cell agency is meager, to say the least.

Absent from the game this morning is most of the major media in the state, including the Los Angeles Times, the San Francisco Chronicle and the San Jose Mercury News. The Chronicle's and Mercury's backyards include the headquarters of CIRM, not to mention the major beneficiaries of the agency's largess. Oddly, The Sacramento Bee carried a story yesterday about the third nomination of Jon Thomas for chair of CIRM but failed to report the new nomination of Frank Litvack.

Here are links to the stories that searches by the California Stem Cell Report turned up this morning: Ron Leuty's piece in the San Francisco Business Times, Kathie Worth in the San Francisco Examiner and David Sider in The Bee.

Litvack vs. Thomas for Chair of the $3 Billion Stem Cell Agency

California State Controller John Chiang today nominated Frank Litvack, a "serial entrepreneur" and cardiologist, to become the new chairman of the $3 billion California stem cell agency.

Chiang cited Litvack's deep background in medical business development and "unique combination of skills." The controller said,

"Litvack knows from personal experience what it takes to develop new medical technologies and move them through the regulatory process to adoption in the market place."

Chiang, the state's top fiscal officer, said that Litvack "has been a clinician, a researcher and an entrepreneur, who has found or led several medical technology companies."

The controller continued,

"Dr. Litvack is a strong proponent of the oversight model of governance, as I have advocated. I believe he has the executive, medical, regulatory and financing experience, as well as the leadership skills that are needed to successfully guide the ICOC (the CIRM governing board) and CIRM through this upcoming transition and onto further success in the coming years. His interest in serving as ICOC's next chair is grounded in such a strong sense of civic duty and belief in CIRM's mission of saving lives that he will serve in the position at the lowest salary being offered, irrespective of his commitment to spend whatever amount of time is necessary to work with the ICOC and CIRM management to ensure that the next chapter in CIRM's history is as successful as the first."

The CIRM board will meet June 22 and 23 in San Diego to choose between Litvack and Jon Thomas, chairman of Saybrook Capital of Santa Monica, Ca., to succeed Robert Klein, a real estate investment banker and attorney who has resigned as chair of the organization.

Thomas was nominated last week by Gov. Jerry Brown and state Treasurer Bill Lockyer. Lt. Gov. Gavin Newsom is also expected to nominate Thomas. (Later in the day, Newsom did nominate Thomas.)

By law, the 29-member CIRM board can only a elect a chairman from candidates nominated by the four state officials.

Thomas reportedly favors the current controversial dual executive situation at CIRM in which the chairman and president have overlapping responsibilities. That has lead to public conflict in the past and has been much criticized, particularly by the state's good government agency, the Little Hoover Commission. It said CIRM was personality driven.

Controller Chiang, also chair of the only state entity charged with review of CIRM and its board, last March said that oversight of CIRM is "severely compromised" when the chair is part of management.

Klein favors continuation of the existing dual executive relationship. A reliable source told the California Stem Cell Report that Klein favors Thomas, although the board's outside counsel denied that on behalf of Klein.

Litvack is disposed to more of an oversight role for the chair, a position that the CIRM board seems more inclined to support, at least as of its March meeting. The board also has designated the job as part-time – only 50 to 80 percent. The post carries a salary that tops out at $529,100. However, the board is looking at paying no more than $400,000 with a low of $137,500 because of its part-time nature.

The pay apparently is another difference between the two men. Thomas is reportedly seeking a salary at the high end of the range while Litvack would accept $137,500.

Litvack has been involved with a number of firms, most notably Conor Medsystems Inc. of Menlo Park, Ca. He was CEO when it was purchased by Johnson & Johnson for $1.4 billion. Conor was developing a new kind of stent.

Thomas' firm, which he co-founded, specializes in distressed and defaulted municipal bonds, a financial category that includes state bonds. The stem cell agency is funded virtually entirely by California state bonds. The state has the lowest bond rating of any state in the nation.

The CIRM directors' Evaluation Subcommittee is expected to meet behind closed doors soon to interview the candidates. They are expected to make a public presentation at the San Diego meeting at which time the public can make comments or raise questions.

Governor's Nomination Letter for Thomas

Here is the brief letter in which California Gov. Jerry Brown nominated Jon Thomas, chairman of Saybrook Capital of Santa Monica, to chair the $3 billion California stem cell agency.
Governor's Nomination of JonThomas

$700,000 IOM Study of California Stem Cell Agency to Begin July 1

The California stem cell agency has signed a nearly $700,000 contract with the prestigious Institute of Medicine to produce a wide-ranging report to determine whether the agency is operating at "peak performance" and whether improvements are needed.

The 17-month study will cost $699,247, under the terms of a contract signed on April 21. The project is scheduled to begin July 1 and conclude by Nov. 30, 2012. CIRM directors authorized the study last August.

The original proposed schedule would have had the study completed by September 2012. That date would have made it available that fall for use in a campaign for a possible $3 billion to $5 billion bond ballot measure for CIRM, which has been talked up by outgoing CIRM Chairman Robert Klein. Such bond measures are usually placed before voters during a major statewide election, such as for governor or president, in order to help win passage. A presidential election is set for November 2012.

Last August, Klein said the study would be key to winning voter approval of more bonds($3 billion were approved in 2004). However, the current timing would appear to make the full report unavailable for a November 2012 campaign. Nonetheless, selected portions of it could be leaked in advance to help win support.

Most of CIRM's directors agreed last August that a study by the well-regarded IOM would benefit CIRM and create more enthusiasm for stem cell research. The lone no vote came from Duane Roth, a San Diego businessman and co-vice chair of the board. He told directors,

"I would just caution that the outcome on something like this can cut both ways. And to go in just sort of blind trust that they're going reach the conclusion you want them to reach, I don't think is a foregone conclusion. So you at least ought to think about the downside of a rather critical (study)."

The IOM's study proposal said,

"The principal objective of this review is to ensure that all aspects of CIRM's operations are functioning at peak performance."

Under the terms of the contract, the IOM will select a 14-member committee to hold four meetings (only two that are partially public). The first meeting will be held behind closed doors although it deals with the very public issues of bias and conflict of interest. The second and third meetings are scheduled to have public workshops in California and will be the only ones held in the state.

Once it is written, the report will go through the National Research Council's peer review process. CIRM will see a prepublication copy of the report as much as three months ahead of publication.

Here are some of the questions that the IOM study proposes to address:

• "Does CIRM have the portfolio of projects and grant opportunïties necessary to meet its scientific goals?"
•  "Are the internal organizational and management systems (in particular the board and working group structures and operations, the peer review system, the conflict of interest guidelines, and the grants management system) effective in working toward the institute's scientific goals?...Do they achieve the level of transparency and the level of stakeholder and scientific community involvement needed to meet the institute's public responsibilities and scientific goals?"
• "What are the advantages of CIRM's model for covering long-term costs of medical research? Could aspects of this funding model serve as a paradigm for other states or counties? "

 Although the study is being financed at taxpayer expense, the contract said the report will be the property of the the IOM – not CIRM. The contract also said "minutes and working papers from the committee meetings in closed (deliberative) sessions are considered proprietary by the consultant (the IOM) and will not be available for review by CIRM or provided to CIRM."

CIRM plans to pay for the study with funds that it has gathered over the last few years from private donors. Klein has argued that the money thus does not come from California taxpayers. However, as the California Stem Cell Report and others have pointed out, once the money is given to the state, it is all public money and belongs to taxpayers.

The IOM project comes as CIRM is scheduled to undergo its first-ever performance audit. The audit is required as the result of legislation last year supported by CIRM. The review is budgeted for $250,000 for the coming fiscal year although the total was originally estimated at about $400,000. Last fall, CIRM conducted an "external review" of its performance that consumed 2,000 hours or more of staff time.

The IOM study director is Cathy Liverman. The IOM contract and proposal can be read below.
IOM/CIRM Contract

IOM/CIRM Contract