Patents and Innovation in Cancer Therapeutics: Lessons from CellPro

December 2002 | Avital Bar-Shalom, Robert Cook-Deegan

This article discusses the interaction between intellectual property and cancer treatment. CellPro, developed a stem cell separation technology based on research at the Fred Hutchinson Cancer Center. A patent with broad claims to bone marrow stem cell antibodies had been awarded to Johns Hopkins University and licensed to Baxter Healthcare under the 1980 Bayh-Dole Act to promote commercial use of inventions from federally funded research. CellPro got FDA approval more than two years before Baxter but lost patent infringement litigation. NIH elected not to compel Hopkins to license its patents to CellPro. CellPro went out of business, selling its technology to its competitor. Decisions at both firms and university licensing offices, and policies at the Patent and Trademark Office, NIH, and the courts influenced the outcome.

Author(s): Avital Bar-Shalom; Robert Cook-Deegan

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Volume 80, Issue 4 (pages 637–676)
DOI: 10.1111/1468-0009.00027
Published in 2002