SAN FRANCISCO — For nearly 10 years, DLA Piper partner Lisa Haile has been working to patent stem cell technology on behalf of Carlsbad, Calif.-based International Stem Cell Corp. The company’s technique of using parthenogenesis to stimulate development in non-fertilized human eggs has received patent approval in the United States, and the company is conducting clinical trials of its therapies on Parkinson’s disease.
But International Stem Cell was turned down by the U.K. patent office based on a European Court of Justice decision that said parthenogenetically activated ova are human embryos that cannot be patented. Backed by five European governments, Haile, DLA patent litigator Adam Cooke and South Square barrister Piers Acland argued to the full European Court of Justice that simply stimulating development on an unfertilized egg does not create an embryo capable of human life. On Thursday, the EU’s highest court agreed.
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