BIOTECHNOLOGY:
NIH Nixes Appeal to Bypass Patent Law
Eliot Marshall
National Institutes of Health (NIH) director Harold Varmus sided with Johns Hopkins University last week in a high-profile patent dispute with a feisty biotech company, CellPro Inc. of Bothell, Washington. He turned down an appeal by CellPro for NIH to take control of a Hopkins patent on a widely touted cell-sorting technique. Just over a week earlier, Judge Roderick McKelvie of the federal court in Wilmington, Delaware, ordered CellPro to pay Hopkins and its commercial partners triple damages, amounting to $6,961,479, for infringing the university's patents.