ImStem Files Opening Brief of Appeal to The U.S. Court of Appeals for The Federal Circuit Concerning Stem Cell Patents

Release time: 2022-07-06 / Source: ImStem Biotechnology, Inc.

inventorship dispute of stem cell patents


FARMINGTON, CT, USA, July 5, 2022 / -- ImStem Biotechnology, Inc. (“ImStem”), a clinical stage company pioneering the development of human embryonic stem cell derived mesenchymal stem cells for use as investigational drug products, announced that, on Monday, June 27, 2022, it filed its opening brief in an appeal to the U.S. Court of Appeals for the Federal Circuit from a judgment of the U.S. District Court for the District of Massachusetts. The case arises from a 2010-2014 research collaboration on stem cell therapy between Astellas Institute for Regenerative Medicine (“Astellas”) and ImStem Biotechnology, Inc. (“ImStem”). During the collaboration, ImStem scientists Drs. Renhe Xu and Xiaofang Wang obtained U.S. Patent Nos. 9,745,551 (“’551”) and 10,557,122 (“’122”), and Astellas scientists obtained U.S. Patent Nos. 8,961,956 (“’956”) and 8,962,321 (“’321”). The District Court ordered removal of ImStem’s scientists from ‘551 and ‘122 and addition of Astellas’ scientists to those patents; the District Court also declined to order addition of ImStem’s scientists to ’956 and ’321. ImStem’s appeal asks the U.S. Court of Appeals for the Federal Circuit to reverse the judgment and rule that ImStem’s scientists are the sole inventors on ’551 and ’122, and that the ImStem and Astellas scientists should be co-inventors on ’956 and ’321.

"The patents in dispute are not related to our current product and clinical development and the District Court’s judgment does not impact our ability to freely operate in the US. However, we will continue to robustly defend our intellectual property rights through the appeals process and believe doing so also fosters innovation and competition." said Dr. Xiaofang Wang, Chief Technology Officer of ImStem. ImStem is represented on appeal by Sanford I. Weisburst, Sam Stake, and Nicola R. Felice of Quinn Emanuel Urquhart & Sullivan, LLP.