BIOTECH: Invitrogen signs stem cell patent deal

By BRADLEY J. FIKES - Staff Writer | Thursday, May 8, 2008 5:09 PM PDT ∞

CARLSBAD ---- Invitrogen Corp. has deepened its involvement in the fast-growing field of embryonic stem cell research under a deal announced Thursday with a holder of controversial patents to the technology.

Carlsbad-based Invitrogen gets the legal right to sell products made by using embryonic stem cells, under the deal with the Wisconsin Alumni Research Foundation. The foundation has been issued U.S. patents to the underlying technology for growing primate and human embryonic stem cells. Invitrogen would not disclose the terms of its deal.

A number of stem cell researchers, led by Jeanne Loring of The Scripps Research Institute, are suing to invalidate the patents. The researchers say the patents are unjustified and are slowing down their work, which they say may lead to new treatments for incurable diseases.

However, the foundation has scored a number of legal victories that confirmed many of its claims, although not all. So those selling products made from embryonic stem cells who don't get permission from the foundation risk being sued.

Invitrogen is the largest company headquartered in North County, as measured by its stock market value of more than $4 billion. With about 1,000 employees in Carlsbad, it's also one of the largest North County companies as measured by payroll. The company sells a huge variety kinds of biological research products, and has made products for stem cell scientists for years.

Embryonic stem cells are the ancestral cells found in days-old embryos that turn into the hundreds of different types of cells in the human body. Scientists are exploring ways of using these cells for treating diseases and testing drugs.

To avoid the foundation's patents, scientists have tried a variety of strategies.

For example, Oceanside-based International Stem Cell Corp. has grown embryonic stem cells from unfertilized human eggs. And separately, scientists say they have created what appear to be functioning embryonic stem cells from skin cells.

Because these techniques don't use natural embryonic stem cells, scientists say they are not bound by the patents. However, while artificially produced embryonic stem cells appear to behave like the real thing, that has not been conclusively proven. So Invitrogen's deal with the foundation gives it the benefit of using natural stem cells in developing its products without the threat of a legal challenge.

Contact staff writer Bradley J. Fikes at (760) 739-6641 or bfikes@nctimes.com.

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