Replies to post #69098 on Biotech Values

[microcapfun]

>>I don't think this decision is as bad for GERN as it seems at first blush after reading the above release (granted, it's from GERN).<<

Second blush is perhaps more informative than first. Geron's PR basically says that although James Thomson had to destroy embryos - and that's why his original patents were rejected by the EU, later researchers could use already available hESC lines w/o having to PERSONALLY destroy embryos ... so therefore the EU will likely patent their work.

IMO opinion this argument is ridiculous, because the cell lines were still originally obtained by killing an embryo.

Here are Geron's exact words:
>>In reaching its decision, the Enlarged Board of Appeals emphasized the fact that at the time that the priority patent application was filed (in 1995), the only method of obtaining hESCs, as described in the application, required the use of a human embryo. In contrast, following Thomson’s discovery, many hESC lines became widely available through stem cell banks, obviating the need for researchers to culture the cells from embryonic material. Therefore, this decision should not affect patent applications for later-developed hESC technologies ...<<


Geron also says:
>>Indeed the EPO’s own commentary on the decision states that the “decision does not concern the general question of human stem cell patentability.”<<

Well ... d'oh! Adult stem cells can be patented in the EU. iPS cells can be patented in the EU. Because they don't involve killing embryos.

Two additional comments.
1. Of course I think the EU decision is absurd, because I don't think killing a blastocyst containing ~200 cells is morally worse than scratching your back. But my opinion doesn't really matter.
2. I think some of Geron's downstream hESC patents will eventually issue in Europe, but they are among the weakest of Geron's ESC IP because they mainly involve 'recipes', e.g. recipes for making certain cell types from other cell types. Such recipes are a lot easier to work around than fundamental IP like the WARF patents, which - in the U.S. - allow Geron exclusive rights to all therapeutic applications of cardiomyocytes, islet cells and neural cells derived from hESCs.


>>If the stock should experience any further weakness, I'll probably just dollar cost average some more into my position.<<

Given that the company has failed for 20 years to make significant progress toward commercializing any therapeutic, and of their 2 products in the clinic, one has failed to demonstrate molecular activity after >3 years of trying and the company has publicly admitted that they do not plan on taking the other forward ...

... I predict you will have additional dollar cost averaging opportunities going forward!

Best of luck,

micro