SCIENCE AND COMMERCE:
Varmus to Rule in Fight Over Cell-Sorting Technology
Eliot Marshall
When CellPro Inc. lost a patent fight to Johns Hopkins University in March, it launched a counterattack claiming that a cell-sorting device it makes, which could be used to help thousands of cancer patients, is being suppressed by its competitors, Becton Dickinson and Co. and Baxter Healthcare Corp. The two companies have licensed rights to the technology from Hopkins, which holds patents on the cell-sorting concept. CellPro has asked Secretary of Health and Human Services Donna Shalala to take control of the disputed patents and give CellPro a reduced-cost license to exploit them. Shalala has turned the issue over to National Institutes of Health director Harold Varmus.