A three judge panel of the Court of Appeals for the District of Columbia stayed the recent district court ruling which voided President Obama’s executive order permitting Federal funding for research on an expanded number of embryogenic stem cell lines (ESCs), pending a final ruling by the appellate court. Therefore, the NIH can continue to review grant applications seeking funding for research on ESC lines, other than the small number permitted under the Bush order, and can continue funding projects approved under either order. Prior to this ruling, it was not clear if even the Bush executive order was reinstated or if the Congressional “Dickey-Wicker amendment” barred all ESC research, as interpreted by the district court judge. A final ruling in Sherley v. Sebelious, 10-5287 (D.C. Cir.) may not be handed down until mid-2011. Some room to breathe. You can read the Bloomberg article here.
Archive for September, 2010
Dr. Robin Chadwick will be discussing her project to landscape pending and issued patent claims directed to induced pluripotent stem cells (iPSC) from the International Stem Cell Conference in Detroit. Many researchers are turning to this family of stem cells due to the political problems involved with obtaining and working with ESCs and the scientific controversies surrounding adult stem cells.
The information needed to hear the webinar at a discounted rate is provided below.
$50 discount/academic discount: IFIF-PSC50-102010
On September 23rd, the Senate Judiciary Committee approved the nomination of Judge Kathleen O’Malley (N.D. Ohio) to fill a vacancy on the Federal Circuit. Judge O’Malley has handled significant IP litigation and is married to veteran Covington patent litigator George Pappas. Like many district court judges, she has been quoted as calling the Markman decision a “Pandora’s Box,” which Cybor left propped open. She would clearly have preferred the Fed. Cir. to give district court judges’ claim interpretations greater (or any) deference. Judge O’Malley graduated from Kenyon College and Case Western Reserve Law School with lots of honors. Of course, any Senator can put a hold on her nomination and block a vote on confirmation, but this sort of appointment does not seem to be that tempting a target for GOP strategists. Let’s hope not, anyway.
Warren Woessner will be a speaker on September 28th at Q1 Productions’ “Pharmaceutical Patent Protection and Enforcement Conference” in Baltimore, MD. Warren will speak on “Myriad: The District Court’s Opinion & Road Ahead”, a topic that has been the subject of a number of posts on patents4life. More information on the two-day conference can be obtained by calling Q1 at 312-822-8100.