Federal Circuit Says Consumer Group Can't Fight Stem Cell Patent

On June 4, the Federal Circuit dismissed an appeal by Consumer Watchdog, which challenged the first four claims of a patent for human embryonic stem cells. The Circuit found the organization doesn't have standing to bring the issue to court. The patent is owned by the Wisconsin Alumni Research Foundation.

In Consumer Watchdog v. Wisconsin Alumni Research Foundation, the Circuit panel ruled that Consumer Watchdog doesn't have the direct involvement in the patent's use necessary to grant it standing under Article III. The panel wrote in its decision, “the organization didn't allege any involvement in research or commercial activities involving stem cells, or that it was a competitor to the alumni organization or licensee of the patent.”

"We are pleased to have helped our client achieve this important victory," said attorney Kara F. Stoll, one of the Finnegan attorneys representing WARF.