Tuesday, March 11, 2008

U.S. Patent Office Upholds Two Additional Human Embryonic Stem Cell Patents in Reexamination Decisions

Mar 11, 2008 - Geron Corporation (Nasdaq:GERN) announced today that the U.S. Patent Office has upheld the validity of two additional patents for human embryonic stem cells (hESCs) that were challenged through reexamination proceedings.

In its latest communication, the Patent Office issued Notices of Intent to Issue Ex Parte Reexamination Certificates for U.S. Patent Numbers 5,843,780 and 6,200,806, which claim preparations of, respectively, primate and human embryonic stem cells and methods for their isolation. During the proceedings, the Wisconsin Alumni Research Foundation (WARF), an organization to which the patents are assigned, made minor amendments to certain claims to improve clarity and consistency and added three new claims to each patent. The decisions of the Patent Office on these two patents are final and cannot be appealed.

Last month, the Patent Office upheld the claims of a related third patent: U.S. Patent Number 7,029,913. All three patents are assigned to WARF and licensed exclusively to Geron for the development and commercialization of therapies based on three types of cells derived from hESCs: neural cells, cardiomyocytes and pancreatic islet cells. Geron is also licensed non-exclusively for the development and commercialization of other cell types derived from hESCs for therapeutic and non-therapeutic uses.

"We are pleased that the Patent Office has reconfirmed the validity of all three of the patents," said David J. Earp, J.D., Ph.D., Geron's chief patent counsel and senior vice president of business development. "The reexamination proceedings were detailed and comprehensive, and the positive outcomes have strengthened the patents."

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