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In (Or Out Of) The Marketplace Of Ideas: Warf V. Geron And Lessons For Canada, Matthew Herder
In (Or Out Of) The Marketplace Of Ideas: Warf V. Geron And Lessons For Canada, Matthew Herder
Dalhousie Journal of Legal Studies
Four days after President George W. Bush addressed America regarding human embryonic stem cell ("hESC") research in August 2001, a lawsuit was filed by the Wisconsin Alumni Research Foundation (“WARF”) against Geron Corporation ("Geron"). WARF holds patents in respect of hESC technologies pioneered by James Thomson. The parties were unable to negotiate licences for additional hESC types. In January 2002, WARF and Geron announced that a new agreement had been reached. This paper examines the antecedent question: should the hESC technologies have been patentable in the first place? The reason for pursuing hESC research appears to be the possibility to …