Friday, January 25, 2013
Wednesday, January 23, 2013
Tuesday, January 22, 2013
The Intellectual Property Owners Association argues that "while patent exhaustion would have prevented Monsanto from restricting the distribution or use of [the original seeds that were the subject of an authorized sale by Monsanto], those original seeds were completely consumed (as intended) in the growing of the first crop. The commodity seeds that resulted from the first crop . . . constitute an entirely new manufacturer and, as such, are not subject to the doctrinal patent exhaustion." Their brief also points out that seeds are not the only technologies that would be negatively impacted if "making" is considered an exhausted "use," citing examples such as recombinant host cells used in the production of biological drugs, computer programs, and potentially "self-replicating" nanotechnology.
BayhDole25, Inc. describes itself as a nonprofit, nongovernmental organization with a mission of "educating for the powerful social and economic benefits that have continued to flow from technology transfer relating to agricultural biotechnology advances, both in the United States and in developing and developed countries around the world." BayhDole25 argues that that Bowman's activities "represent transactions intended to essentially 'launder' Respondents' Roundup Ready technology through the grain elevator,” and that there are substantial differences between the instant case and Quanta and other president supporting application of the exhaustion doctrine. The brief discusses "the historical social contract for technology transfer that has fueled growth in agricultural productivity and global development." BayhDole25 notes that Monsanto must be compensated for the use of this technology in order to support "long-term investment in new technologies for the continued vibrancy of US agricultural for biotechnology, where the private sector now provides the lion's share of R&D critical to continuing agricultural activity gains.” They point out the importance of this technology as a means for meeting global challenges associated with population growth and climate change.
Monday, January 21, 2013
Thursday, January 17, 2013
Wednesday, January 16, 2013
1. A cell-scaffold composition prepared in vitro for growing cells to produce functional vascularized organ tissue in vivo, comprising:
a fibrous three-dimensional scaffold composed of fibers of a biocompatible, biodegradable, synthetic polymer; and
cells derived from a vascularized tissue attached in vitro to the surface of the fibers of the scaffold uniformly throughout the scaffold;
wherein the fibers of the scaffold provide sufficient surface area to permit attachment in vitro of an amount of the cells effective to produce the functional vascularized organ tissue in vivo;
wherein the fibers of the scaffold are spaced apart such that the maximum distance over which diffusion of nutrients and gases must occur through a mass of cells attached to the fibers is between 100 and 300 microns; and
wherein the diffusion provides free exchange of nutrients, gases and waste to and from the cells uniformly attached to the fibers of the scaffold and proliferating throughout the scaffold in an amount effective to maintain cell viability throughout the scaffold in the absence of vascularization.