A showdown over stem cells is taking shape between Wisconsin and California, and the weapons the players are wielding are patents, lawsuits and billions of dollars.
The impact of the outcome isn't limited to the two states, parties involved say. The confrontation could greatly influence the global development of stem-cell therapies, which might someday benefit millions of patients. On one side is the Wisconsin Alumni Research Foundation, which holds two wide-ranging patents on embryonic stem cells that could bring in millions of dollars. In 1998, UW- Madison researcher James Thomson was the first person to successfully grow the cells in a laboratory. On the other side is the California Institute for Regenerative Medicine, a state entity, which plans to distribute $3 billion in stem-cell research grants in California in coming years. Voters approved the state funds two years ago in response to federal funding restrictions. In February, CIRM said universities and nonprofit institutions that receive the grants must give back to the state 25 percent of royalties on discoveries that yield more than $500,000. But WARF doesn't want the private companies working with the institute to profit without WARF receiving a fair share. In March, at a biotech meeting in San Francisco, WARF attorney Elizabeth Donley said the CIRM demand amounted to a commercialization of the research. She said WARF may assert its patents and seek license fees and payments from the commercial partners of grantees - such as a company that a university researcher in California might pair with to develop a discovery. Ed Penhoet, vice chairman of CIRM's oversight committee, charged that WARF's actions could bring California's program to a halt. "Theoretically, could they close down research activity in California? Yes," he told the Los Angeles Times. 'A blockade' WARF's patents cover most of the human embryonic stem cells in use in United States labs. The patents are written in a way that they cover not only the human embryonic stem cells themselves but also the method Thomson used to derive and grow the cells. In essence, the patents cover most of the human embryonic stem cells in use in United States labs. And just about anybody who wants to use such cells in the lab has to go through WARF. The Foundation for Taxpayer and Consumer Rights, a nonprofit watchdog group in California, called on CIRM to challenge WARF's patents in court. "It would truly be a shame if a research organization in Wisconsin threw up a blockade to vital, publicly funded research in California," John Simpson, stem-cell project director for the group, wrote in a letter to WARF. Mary Maxon, Penhoet's deputy at CIRM, said last week that "there are currently no intentions of suing WARF." But, she added, "We are concerned." Carl Gulbrandsen, managing director of WARF, said in a recent interview that the foundation is discussing the issue with CIRM, though he wouldn't provide details. "We don't want to impede research. We want to be a partner," Gulbrandsen said. "We also want to make sure work that is done in Wisconsin is respected." Meanwhile, representatives from biotech businesses say the WARF patents, in effect only in the United States, will enable companies in other countries to develop stem-cell therapies quicker and more cheaply than companies here. "It's definitely hurting this country in terms of how much investment we make here versus abroad," said Joydeep Goswami, vice president for stem cells and regenerative medicine at California-based Invitrogen. Gulbrandsen said companies in other countries would want to sell stem-cell therapies in the United States and would eventually have to abide by the patents. (责任编辑:泉水) |