Protecting the Public Domain » WARF Stem Cell Patents

WARF Stem Cell Patents

In July 2006, PUBPAT filed formal requests with the United States Patent and Trademark Office on behalf of the Foundation for Taxpayer and Consumer Rights, now known as Consumer Watchdog, to revoke three patents owned by the Wisconsin Alumni Research Foundation that purport to cover stem cells that are looting taxpayer funds and forcing research overseas. In its filings, PUBPAT submitted previously unseen prior art showing that the patents were - in fact - not new and, as such, should be revoked. The USPTO granted each of the requests in September 2006 and rejected all claims of each of the patents on March 30, 2007. The patent holder later amended its claims to narrow them over the original ones and the Patent Office then, incorrectly, decided to reissue those amended claims. In the one challenge where Consumer Watchdog had the right to appeal the Patent Office's erroneous decision to the Court of Appeals for the Federal Circuit, it did so in 2013.

Related Documents

Court of Appeals Materials

• Consumer Watchdog Opening Brief to Court of Appeals (Jul 2, 2013)
  
• WARF Opposition Brief to Court of Appeals (Aug 14, 2013)
• Consumer Watchdog Reply Brief to Court of Appeals (Aug 29, 2013)
• Court of Appeals Order (Nov 14, 2013)
• Consumer Watchdog Brief In Response to Nov 14 Order (Nov 25. 2013)
  
• WARF Brief In Response to Nov 14 Order (Nov 25. 2013)
• MP3 of Oral Argument (Dec 2, 2013)
• Court of Appeals Order (Dec 4, 2013)

FTCR and PUBPAT Comments On Rejection

• FTCR and PUBPAT’s Comments Filed With USPTO
• Declaration of Dr. Douglas A. Melton in Support of Comments
  
• Declaration of Dr. Alan O. Trounson in Support of Comments
  
• Declaration of Dr. Chad Cowan in Support of Comments
  
• Declaration of Dr. Jeanne F. Loring in Support of Comments

Patent Office Orders Rejecting Patents

• Patent Office Order Rejecting All Claims of '780 Patent (PDF; 946KB)
• Patent Office Order Rejecting All Claims of '806 Patent (PDF; 1.2MB)
• Patent Office Order Rejecting All Claims of '913 Patent (PDF; 1.0MB)

Patent Office Orders Granting Reexamination

• Patent Office Order Granting Reexamination of '780 Patent (PDF; 389KB)
• Patent Office Order Granting Reexamination of '806 Patent (PDF; 434KB)
• Patent Office Order Granting Reexamination of '913 Patent (PDF; 4.5MB)

Requests for Reexamination

• FTCR and PUBPAT Request for Reexamination of U.S. Patent No. 5,843,780 (PDF; 499KB)
• FTCR and PUBPAT Request for Reexamination of U.S. Patent No. 6,200,806 (PDF; 501KB)
  
• FTCR and PUBPAT Request for Reexamination of U.S. Patent No. 7,029,913 (PDF; 482KB)
• Declaration of Dr. Jeanne F. Loring, Ph.D. in Support of FTCR and PUBPAT Requests (PDF; 1.6MB)

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