By Kathleen Gallagher of the Journal Sentinel
Two nonprofit groups are continuing their challenge to one of the Wisconsin Alumni Foundation's key embryonic stem cell patents by asking a federal appeals court to invalidate it.
The Public Patent Foundation, based in New York, and Consumer Watchdog, Santa Monica, Calif., filed a brief Tuesday with the U.S. Court of Appeals for the Federal Circuit. The Public Patent Foundation was one of the successful challengers in the recently decided case in which the Supreme Court ruled that genes cannot be patented.
"WARF's broad patent on all human embryonic stem cells is invalid for a number of reasons and we are confident the Court of Appeals will agree," said Dan Ravicher, the foundation's executive director. The groups believe that all researchers should have unfettered access to embryonic stem cells, which scientists believe could help treat many diseases.
A WARF spokeswoman declined to comment, saying the foundation needed to review the filing with its attorneys.