Science Magazine quotes Konstantin Linnik in “U.S. Federal Court Dismisses Challenge to Stem Cell Patent”Print PDF
Konstantin Linnik, a partner in the firm’s Life Sciences practice group, was quoted by Science Magazine in “U.S. Federal Court Dismisses Challenge to Stem Cell Patent” on June 10. The article discusses a U.S. federal appeals court’s rejection of an attempt to strike down a long contested stem cell patent held by the Wisconsin Alumni Research Foundation (WARF) by Consumer Watchdog (CW).
CW had hoped to invalidate the patent, which was awarded in 2006, and involves creating an in vitro culture of human embryonic stem cells, claiming it puts a burden on California’s taxpayer funded research. However, the U.S. Court of Appeals ruled on June 4 that CW is not involved in work on embryonic stem cells and, therefore, cannot challenge the patent in court. Konstantin notes that if the decision stands, it guarantees “a shorter and more certain resolution” for groups hoping to fight patents on political or ideological grounds. He points out that without a chance for such groups to appeal to the circuit court, “now it becomes a binary deal: you can win or you can lose at the patent office.”
To view the article, click here.