eldavojohn writes "It's a classic case that comes up when dealing with patents. A hospital's research on the donated brains of deceased children has been in limbo for three years because of a challenge from a patent holder. The double edged sword of patents that spurred investment into the field will also cause chilling effects on research like the case of the Children's Hospital of Orange County. They've now been forced to shift the money from the lab to lawyers in order to deal with this ongoing patent dispute over a technique that was developed to extract stem cells at the Salk Institute. Unfortunately the Salk Institute failed to patent the technology so a company named StemCells happily had it approved. The real disheartening news is that CHOC's Dr. Philip H. Schwartz — the doctor collecting the cells — was one of the original researchers who helped developed this technique at the Salk Institute. Now he can't even use the technique he helped create. Schwartz has since been instructed not to publicly discuss the case further. Research interests are clashing with commercial interests in a classic case that causes one to wonder if patents surrounding medical techniques like this stretch too far. As for the people that donated their dead child's brain to research, those valuable stem cell cultures have been kept in storage instead of being disseminated to research labs (who desperately need them) across the country."
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