A Look at the UW’s “Broad” Stem Cell Patents

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Antonio Regalado & David Hamilton:

The broadly worded patents, which cover nearly any use of human embryonic stem cells, are held by the Wisconsin Alumni Research Foundation, a nonprofit group that handles the school’s intellectual-property estate, managing a $1.5 billion endowment amassed during 80 years of marketing inventions.

John Simpson, an official at the foundation bringing the challenge, says WARF’s efforts to enforce its patents are “damaging, impeding the free flow of ideas and creating a problem.” Mr. Simpson’s group got involved in the dispute earlier this year after Wisconsin officials said they would demand a share of state revenue from California’s voter-approved stem-cell initiative.

WARF doesn’t charge academics to study stem cells, but it does ask commercial users to pay fees ranging from $75,000 to more than $250,000, plus annual payments and royalties. So far, 12 companies have licensed rights from WARF to use the cells, and more than 300 academic laboratories have agreements to use the technology without charge. WARF spokesman Andy Cohn declined to say how much the organization has earned from the patents so far but says it is less than what it has spent funding stem-cell research and paying legal costs.

The Future of America Forecasts, Part 2

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“Fabius Maximus”:

orecast #3: the death of the US Constitution.

The Constitution was originally designed to specify the duties for each of America’s three branches and to limit their powers. Its ability to do the latter function has faded rapidly since the New Deal. Already most of the Bill of Rights remain de jure in force but are de facto void, as can be seen by a Lexis search of successful attempts to use them in litigation – you’ll find almost none.

At some point soon the Constitution will become a purely procedural document, much like that of the former Soviet Union, and equally effective at preserving our liberties. Our rights will exist only on the sufferance of our government and our ruling elites. This is already true in the UK, as the “unwritten constitution” protecting the “rights of Englishmen” has blown away like smoke in the wind.

The Friday Line: Top 10 2006 Governor’s Races

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Chris Cillizza:

7. Wisconsin: Yes, we know about this poll, which showed Gov. Jim Doyle (D) ahead of Rep. Mark Green (R) by 13 points. But the numbers were greeted with skepticism, even by many Democrats. (The poll should be taken with a grain of salt for several methodological reason — it was in the field for an unusually long time and tested adults rather than registered or likely voters.) Ethics questions continue to hover around Doyle’s administration, and typically reliable Democratic base groups — the labor community and black voters to name two — are not terribly excited about helping the incumbent win a second term. Make sure to read Post politics dean David Broder’s take on this race. (Previous ranking: 5)

Data Miners Dig a Little Deeper

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Michelle Kessler & Byron Acohido:

When customers sign up for a free Hotmail e-mail account from Microsoft, they’re required to submit their name, age, gender and ZIP code.

But that’s not all the software giant knows about them.

Microsoft takes notice of what time of day they access their inboxes. And it goes to the trouble of finding out how much money folks in their neighborhood earn.

Why? It knows a florist will pay a premium to have a coupon for roses reach males 30-40, earning good wages, who check their e-mail during lunch hour on Valentine’s Day.

Microsoft is one of many companies collecting and aggregating data in new ways so sophisticated that many customers may not even realize they’re being watched.

FBI Plans New Net-Tapping Push

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Declan McCullagh:

The FBI has drafted sweeping legislation that would require Internet service providers to create wiretapping hubs for police surveillance and force makers of networking gear to build in backdoors for eavesdropping, CNET News.com has learned.

FBI Agent Barry Smith distributed the proposal at a private meeting last Friday with industry representatives and indicated it would be introduced by Sen. Mike DeWine, an Ohio Republican, according to two sources familiar with the meeting.