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PharmaStem patents "rejected"
27 April 2006
Upon re-examination, the US Patent and Trademark Office (PTO) issued two new office actions
rejecting all of the claims of PharmaStem Therapeutics Inc.'s U.S. Patent No.
5,192,553 and U.S. Patent No. 6,569,427 as being unpatentable over prior art.
Previously, the PTO issued initial office actions rejecting all the claims of PharmaStem Patent Nos. 5,004,681 and 6,461,645.
The PTO office actions are not final rulings. PharmaStem has the right to appeal the validity of the patents, and this appeals process may continue for a long time.
There are four private cord blood banks who are fighting PharmaStem in court over the enforcement of these patents: CBR, Corcell, Cryo-Cell, and Viacord. All of these lawsuits have been stayed pending the outcome of the appeals over whether the patents are valid.
Meanwhile, the remaining cord blood banks which purchased PharmaStem licensing agreements will continue to pay royalties until PharmaStem has exhausted all appeals.
Previously, the PTO issued initial office actions rejecting all the claims of PharmaStem Patent Nos. 5,004,681 and 6,461,645.
The PTO office actions are not final rulings. PharmaStem has the right to appeal the validity of the patents, and this appeals process may continue for a long time.
There are four private cord blood banks who are fighting PharmaStem in court over the enforcement of these patents: CBR, Corcell, Cryo-Cell, and Viacord. All of these lawsuits have been stayed pending the outcome of the appeals over whether the patents are valid.
Meanwhile, the remaining cord blood banks which purchased PharmaStem licensing agreements will continue to pay royalties until PharmaStem has exhausted all appeals.
Last modified: 05.February 2008
Copyright 2000 - 2008 Frances Verter
Copyright 2000 - 2008 Frances Verter